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The  ELECTION  LAWS 


OF  THE 


STATE  OF/COLORADO 

ANNOTATED 

Primary  and  General 

AMENDED  TO  JUNE  1st,   1921, 

AND  GOVERNING  ELECTIONS 

OF  1921  and  1922 


Puolisneol  by  Autnority  of 

CARL  S.  MILLIKEN 

Secretary  of  State 


Revised  ty 

VICTOR  E.  KEYES 

Attorney  General 

SAMUEL  CHUTKOW 

Aesistant  Attorney  General 


The  ELECTION  LAWS 


OF  THE 


STATE  OF  COLORADO  ko^, 

ANNOTATED  j^foXji^ 

Primary  ana  General 

AMENDED  TO  JUNE  1st,   1921, 

AND  GOVERNING  ELECTIONS 

OF  1921  and  1922 


PuLlisLeci  ty  Auttority  of 

CARL  S.  MILLIKEN 

Secretary  of  State 


Revised  by 

VICTOR  E.  KEYES 

Attorney  General 

SAMUEL  CHUTKOW 

Assistant  Attorney  General 


EAMES   BROTHEkS,   STATE  PRINTERS 

DENVER^   COLORADO 

1.922 


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•  ••;»••      •«       «>» 


The  various  constitutional  and  statutory  provisions  in  this  pamphlet 
have  been  annotated  by  the  addition  of  the  syllabi  of  Colorado  decisions 
interpreting  them.  While  we  do  not  offer  these  annotations  as  a  full  and 
complete  digest  of  the  decisions,  we  think  that  sufficient  has  been  set  forth 
to  make  them  of  substantial  service  to  the  users  of  the  pamphlet. 

The  sections  bear  the  numbers  of  the  same  sections  in  the  Revised 
Statutes  of  Colorado  of  1908,  except  where  law  was  passed  subsequent 
to  1908. 


ABBREVIATIONS. 

Rev.  Stat,  refers  to  Revised  Statutes  1908. 

G.  L.  refers  to  General  Laws  1877. 

G.  S.  refers  to  General  Statutes  1883. 

R.  S.  refers  to  Revised  Statutes  1868. 

L.  refers  to  Session  Laws. 

S.  B.  refers  to  Senate  Bill. 

H.  B.  refers  to  House  Bill. 


d 


P 


OFFICE  OF 

SECRETARY  of  STATE 

STATE  OF  COLORADO 

Carl  S.  Milliken Secretary  of  State 

Chas.  M.  Armstrong Deputy  Secretary  of  State 

W.  E.  Alexander Chief  Clerk 

Arthur  W.  Hull Chief  Accountant 


STATE  BUREAU  OF  LABOR  STATISTICS  AND  FACTORY 
INSPECTION. 

Carl  S.  Milliken Commissioner  Ex-Officio 

Carl    DeLochte . . .  Deputy  Labor  Commissioner  and  Chief  Factory  Inspector 

Otto    Thum Statistician 


M143512 


All  otiiclal  communications  should  be 
addressed  to  the  Secretary  of  State  and 
all  checks  should  be  made  payable  to 
him. 

A  complete  list  of  fees  charged  for 
various  instruments  and  filings  mailed 
upon  application. 

It  is  respectfully  suggested  that  in 
mailing  orders  for  certified  work  and 
other  services  desired  from  this  office, 
especial  care  be  taken  in  the  matter 
of  your  signature  and  in  giving  your 
correct  address. 

CARL  S.  MILLIKEN, 

Secretary  of  State. 

Denver,  Colorado,  June  1,  1921. 


.J       ■»■»*» 


SECTIONS  OF 

THE  CONSTITUTION 

of  tkc 

STATE  OF  COLORADO 
Concerning  Elections 


[Adopted  in  Convention,  March  14,  1876,  and  Amendments  adopted  to 
April  7,   1919.] 

ARTICLE  II— BILL  OF  RIGHTS. 

Section  1.  Vestment  of  political  power. — That  all  political  power  Is 
vested  in  and  derived  from  the  people;  that  all  government,  of  right, 
originates  from  the  people,  is  founded  upon  their  will  only,  and  is  insti- 
tuted solely  for  the  good  of  the  whole. 

1.  This  section  and  section  2  of  this  Article  expresses  the  fundamental 
principles  of  our  free  institutions,  to  the  effect  that  the  powers  of  civil 
government  are  "vested  in  and  derived  from  the  people"  of  the  state,  subject 
to  the  constitution  of  the  United  States.    DeVotie  vs.  McGerr,  14  Colo..  577,  583. 

2.  The  registration  acts  (L.  '05,  page  188  and  L.  '07,  page  374)  do  not 
relate  to  local  or  municipal  affairs  and  the  provisions  authorizing  the  county 
clerk  to  name  the  registration  committee  do  not  deprive  the  people  of  the 
right  of  local  self  government  in  electing  or  appointing  their  officers,  even 
though  such  clerk  does  not  reside  in  the  city.  People  ex  rel.,  Johnson  vs. 
Earl,  42  Colo.,  238,  266. 

Sec.  2.  People  may  alter  or  abolish  form  of  government — Proviso. — 
That  the  people  of  this  state  have  the  sole  and  exclusive  right  of  govern- 
ing themselves,  as  a  free,  sovereign  and  independent  state;  and  to  alter 
and  abolish  their  constitution  and  form  of  government  whenever  they  may 
deem  it  necessary  to  their  safety  and  happiness,  Provided^  Such  change  be 
not  repugnant  to  the  constitution  of  the  United  States. 

1.     This  section  referred  to  in  Post  Co.,  vs.  Shafroth,  53  Colo.,  129,  137. 

Section  3.  Inalienable  rights. — That  all  persons  have  certain  natural, 
essential  and  inalienable  rights,  among  which  may  be  reckoned  the  right 
of  enjoying  and  defending  their  lives  and  liberties;  that  of  acquiring, 
possessing  and  protecting  property;  and  of  seeking  and  obtaining  their 
safety  and  happiness. 

1.  Rights  acquired  to  the  use  of  water  for  irrigation,  prior  to  the^ 
adoption  of  our  state  constitution,  cannot  be  taken  by  a  city  for  the  domestic 
use  of  its  inhabitants,  without  compensation.  Strickler  vs.  Colorado  Springs, 
16  Colo.,   62. 

2.  Our  statute  authorizing  the  appointment  of  conservators  as  herein 
construed  is  not  in  violation  of  any  natural  or  constitutional  rights  of  acquir- 
ing,  possessing  and  protecting  property.      Shapter  vs.   Pillar,   28   Colo.,   209. 

3.  Chapter  93,  Session  Laws  1899,  page  175,  prohibiting  the  driving, 
working  or  using  of  any  unregistered  docked  horse,  is  a  reasonable  and  valid 
exercise  of  the  police  power  of  the  state,  and  is  not  in  violation  of  the( 
fourteenth  amendment  of  the  constitution  of  the  United  States,  providing 
that  no  state  shall  deprive  any  person  of  life,  liberty  or  property  without 
due  process  of  law,  nor  of  Section  3,  Article  II,  of  our  state  constitution, 
declaring  that  "all  persons  have  certain  natural,  essential  and  inalienable 
rights,  among  which  may  be  reckoned  the  right  *  *  *  »  of  acquiring,  pos- 
sessing and  protecting  property,  and  of  seeking  and  obtaining  their  safety 
and   happiness."      Bland   vs.    The   People,    32    Colo.,    319,    320, 


j5,    ,   ..„    .^,..  ;,,.•*•     ELECTION  LAWS 

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o  •-»  <>r-  -    •  *    •»*•*•*• 

'  '  ^/  Xrficle*!?  "Section  3. — The  amendment  to  Section  3  of  Article  XI  of 
the  Constitution  (Laws  1909,  c.  148)  providing  for  the  issue  of  bonds  for  dis- 
charging outstanding  warrants  of  the  state,  that  certain  executive  officers 
shall  constitute  a  board  to  determine  the  amounts  fairly  and  equitable  pay- 
able out  of  this  fund  upon  the  warrants,  and  that  upon  their  report  to  the 
auditor,  certain  other  executive  officers  may  exchange  the  bonds  for  an 
equal  amount  of  the  warants,  but  with  no  provision  which  compels  the  holder 
of  any  warrant  to  accept  the  bonds  in  lieu  of  money,  has  not  the  effect  to 
deprive  any  person  of  property  without  due  process  of  law.  Post  Co.,  vs. 
Shafroth,   53   Colo.,   129. 

5.  The  liability  imposed  upon  railway  companies  for  fires  set  out  in 
the  operation  of  the  railway  by  Revised  Statutes.  Section  5512,  is  absolute. 
The  owner  of  the  property  damaged  or  destroyed  recovers  his  loss  in  full, 
though  he  may  have  obtained  insurance  upon  such  property,  and  received 
the    insurance   money. 

The  question  is  not  affected  by  Section  3,  Article  II,  of  the  Constitution. 
Rhinehart  vs.   Denver  Co.,    61   Colo.,    369. 

Sec.  5.  Freedom  of  elections. — That  all  elections  shall  be  free  and 
open;  and  no  power,  civil  or  military,  shall  at  any  time  interfere  to  pre- 
vent the  free  exercise  of  the  right  of  suffrage. 

1.  The  granting  of  an  injunction  to  restrain  a  county  clerk  from  certify- 
ing fraudulent  and  fictitious  registration  lists  to  the  election  judges  does  not 
violate  this   section.     Aichelle  v.   People,    40   Colo.,   482,   488. 

2.  Under  the  Constitution  (Section  5,  Article  II;  Section  1.  Article  VII) 
every  qualified  voter  has  the  equal  right  to  cast  a  ballot  for  the  person  of 
his  own  selection,  and  nothing  can  lawfully  prevent  the  exercise  of  this  right. 
Legislative  regulation  of  the  franchise  cannot  extend  to  deny  its  exercise  or 
trammel  by  conditions  so  difficult  or  inconvenient  as  to  amount  to  a  denial. 
Accordingly  held  that  portion  of  section  5919,  R.  S.  which  provides  that  at 
election  for  school  directors  "no  person  other  than  those  whose  names  appear 
upon  the  ballot" — prepared  by  the  secretary — "shall  be  voted  for,"  is  uncon- 
stitutional.    Littlejohn  v.  People,   52  Colo.,  220-4. 

3.  The  legislation  distingiuished  from  the  Australian  Ballot  Acts. 
Idem   225-6. 

4.  "The  purpose  of  that  provision  in  our  fundamental  law  was  to  secure 
freedom  of  choice  by  voters,  not  merely  between  parties,  but  also  in  respect 
to  every  office  to  be  filled  and  every  provision  submitted  to  the  electors  for 
their  consideration  and  determination."     Speer  v.  People,   52   Colo.,   325,    369. 

5.  Freedom  of  election  is  essential,  and  if  the  voter  is  deterred  from  the 
free  exercise  of  his  will  or  the  expression  of  his  choice  by  any  influence  what- 
ever, the  election  is  not  free,  even  though  there  was  no  violence  or  physical 
coercion.     Neelley  v.  Farr,  61  Colo.,  485. 

6.  Whenever  the  voters  have  been  put  under  the  constraint,  by  false 
practice,  and  intimidated,  not  slightly,  and  in  individual  cases,  but  generally, 
and  to  the  extent  of  rendering  the  result  uncertain,  so  that  it  is  impossible 
to  separate,  with  reasonable  certainty,  the  false  from  the  true,  the  whole 
poll  must  be  rejected,  even  though  thereby  honest  voters  may  be  deprived  of 
their  franchise.     Idem. 

ARTICLE  IV.— EXECUTIVE  DEPARTMENT. 

Section  1.  Officers — Term  of  office — Residence. — The  executive  de- 
partment shall  consist  of  a  governor,  lieutenant-governor,  secretary  of 
state,  auditor  of  state,  state  treasurer,  attorney-general  and  superintend- 
ent of  public  instruction,  each  of  whom  shall  hold  his  oflftce  for  the  term 
of  two  years,  beginning  on  the  second  Tuesday  of  January  next  after  his 
election;  Provided,  That  the  terms  of  office  of  those  chosen  at  the  first 
election  held  under  this  constitution  shall  begin  on  the  day  appointed  for 
the  first  meeting  of  the  general  assembly.  The  officers  of  the  executive 
department,  except  the  lieutenant-governor,  shall,  during  their  term  of 
office,  reside  at  the  seat  of  government,  where  they  shall  keep  the  public 
records,  books  and  papers.  They  shall  perform  such  duties  as  are  pre- 
scribed by  this  constitution  or  by  law. 

1.  The  purpose  of  this  section  in  declaring  that  the  executive  depart- 
ment of  the  state  "shall  consist  of  a  governor,"  etc.,  was  to  provide  for  such 
executive  officers  as  the  members  of  the  constitutional  convention  deemed 
absolutely  indispensable — leaving  it  to  the  legislature  to  create  new  offices 
when  they  became  necessary,  and  to  abolish  the  same,  but  without  authority 
to  abolish  any  of  those  enumerated.  Parks  v.  Commissioners  of  Soldiers  & 
Sailors  Home.     22  Colo.,  86. 

2.  The  legislature  may  create  new  state  elective  offices  in  addition  to 
those  provided   for  in  this  section.     People  v.   Montez,   48   Colo.,   436,   444. 

3.  Section  6  of  this  Article  provides  for  the  appointment  of  officers 
not  enumerated  in  this  section.     Idem    445. 


ELECTION  LAWS  7 

Sec.  3.  State  officers — Election — Returns. — The  officers  named  in 
section  one  of  this  article  shall  he  chosen  on  the  day  of  the  general  elec- 
tion, by  the  qualified  electors  of  the  state.  The  returns  of  every  election 
for  said  officers  shall  be  sealed  up  and  transmitted  to  the  secretary  of 
state,  directed  to  the  speaker  of  the  house  of  representatives,  who  shall 
immediately,  upon  the  organization  of  the  house,  and  before  proceeding 
to  other  business,  open  and  publish  the  same  in  the  presence  of  a  major- 
ity of  the  members  of  both  houses  of  the  general  assembly,  who  shall  for 
that  purpose  assemble  in  the  house  of  representatives.  The  person  hav- 
ing the  highest  number  of  votes  for  either  of  said  offices  shall  be  de- 
clared duly  elected,  but  if  two  or  more  have  an  equal  and  the  highest 
number  of  votes  for  the  same  office,  one  of  them  shall  be  chosen  thereto 
by  the  two  houses,  on  joint  ballot.  Contested  elections  for  the  said  offices 
shall  be  determined  by  the  two  houses,  on  joint  ballot,  in  such  manner 
as  may  be  prescribed  by  law. 

1.  This  section,  with  Article  IV,  Section  15,  which  provided  that  in  cer- 
tain cases  the  speaker  of  the  house  of  representatives  shall  act  as  governor 
pro  tern,  fails  to  establish  that  the  speaker  is  a  state  officer,  and  exempted 
from  the  power,  discipline  and  control  of  the  house.  In  re  Speakership,  15 
Colo.,  520,  525. 

2.  In  a  contest,  for  the  office  of  governor,  the  general  assembly  has  no 
authority  to  declare  that  no  person  was  elected  and  that  a  vacancy  exists. 
In  re  S.  R.  No.  10,  33  Colo.,   307,   314. 

4.  The  state  board  of  assessors  as  created  by  the  revenue  act  of  1901 
is  a  part  of  the  executive  branch  of  the  state  government.  People  vs.  District 
Court,  29  Colo.,   182. 

5.  Under  Constitution.  Article  IV,  Section  1,  providing  that  the  executive 
department  shall  consist  of  a  governor  and  attorney  general  who  shall  per- 
form the  duties  prescribed  by  the  constitution  and  law,  and  Revised  Statutes, 
1908.  Section  6186,  requiring  the  attorney  general  to  prosecute  actions  in 
(vhich  the  state  shall  be  a  party  or  interested,  when  required  to  do  so  by  the 
governor,  the  attorney  general  has  jurisdiction,  when  ordered  by  the  governor, 
to  institute  a  suit  on  behalf  of  the  people  to  enjoin  a  combination  in  restraint 
of  trade.     Jobbers'  Association  vs.  People,  21  Colo.  App.,  327. 

6.  Where  an  officer  of  the  executive  department  refuses  to  perform  a 
duty  imposed  upon  him  by  statute,  and  in  the  performance  of  which  the  pub- 
lic are  interested,  the  governor  is  the  proper  party  to  institute,  as  relator, 
proceedings  by  mandamus  to  compel  him  to  act.  when  the  performance  of  the 
duty  by  the  officer  refusing  is  necessary  before  the  governor  can  discharge  a 
duty  imposed  upon  him.     People  vs.   Kenehan,   55   Colo.,   589. 

7.  As  to  offices  created  by  the  constitution,  and  the  appointment  to 
which  is  comanitted  to  the  governor,  his  discretion  is  not  to  be  limited  or 
impaired  by  legislation.  As  to  offices  created  by  statute,  the  legislature  may 
commit  the  appointed  to  the  governor,  or  to  any  other  officer  or  boara. 

The  provisions  of  the  Civil  Service  Law  requiring  the  appointment  to 
particular  places  in  the  civil  service  of  the  persons  standing  highest  in  the 
eligible  list  is  not  in  conflict  with  Section  1  of  Article  IV  of  the  Constitution. 
People  vs.  Capp.   61   Colo.,   396. 

Sec.  4.  Qualification  of  state  officers. — No  person  shall  be  eligible  to 
the  office  of  governor,  lieutenant-governor,  or  superintendent  of  public 
instruction  unless  he  shall  have  attained  the  age  of  thirty  years,  nor  to 
the  office  of  auditor  of  state,  secretary  of  state  or  state  treasurer,  unless 
he  shall  have  attained  the  age  of  twenty-five  years,  nor  to  the  office  of 
attorney-general  unless  he  shall  have  attained  the  age  of  twenty-five  years, 
and  be  a  licensed  attorney  of  the  supreme  court  of  the  state  or  of  the 
territory  of  Colorado  in  good  standing.  At  the  first  election  under  this 
constitution  any  person  being  a  qualified  elector  at  the  time  of  the  adop- 
tion of  this  constitution,  and  having  the  qualifications  above  herein  pre- 
scribed for  any  one  of  said  offices  shall  be  eligible  thereto;  but  thereafter 
no  person  shall  be  eligible  to  any  one  of  said  offices  unless,  in  addition  to 
the  qualifications  above  prescribed  therefor,  he  shall  be  a  citizen  of  the 
United  States,  and  have  resided  within  the  limits  of  the  state  two  years 
next  preceding  his  election. 

1.     See  Van  Kleeck  vs.  -Ramer,  Secretary  of  State,  62  Colo.,  4. 

Sec.  6.  Appointment  of  officers — Vacancy. — The  governor  shall  nomi- 
nate, and  by  and  with  the  consent  of  the  senate,  appoint  all  officers  whose 
offices  are  established  by  this  constitution,  or  which  may  be  created  by 
law,  and  whose  appointment  or  election  is  not  otherwise  provided  for,  and 


8  ELECTION  LAWS 

may  remove  any  such  officer  for  incompetency,  neglect  of  duty  or  malfea- 
sance in  office.  If  during  the  recess  of  the  senate  a  vacancy  occur  in  any 
such  office,  the  governor  shall  appoint  some  fit  person  to  discharge  the 
duties  thereof  until  the  next  meeting  of  the  senate,  when  he  shall  nom- 
inate some  person  to  fill  such  office.  If  the  office  of  auditor  of  state,  state 
treasurer,  secretary  of  state,  attorney-general  or  superintendent  of  public 
instruction  shall  be  vacated  by  death,  resignation  or  otherwise,  it  shall  be 
the  duty  of  the  governor  to  fill  the  same  by  appointment,  and  the  ap- 
pointee shall  hold  his  office  until  his  successor  shall  be  elected  and  qual- 
ified in  such  manner  as  may  be  provided  by  law.  The  senate  in  delib- 
erating upon  executive  nominations  may  sit  with  closed  doors,  but  in  act- 
ing upon  nominations  they  shall  sit  with  open  doors,  and  the  vote  shall  be 
taken  by  ayes  and  noes,  which  shall  be  entered  upon  the  journal. 

1.  The  words  in  the  above  section  "whose  appointment  for  election  is 
not  otherwise  provided  for,"  prevent  this  section  from  applying  to  officers 
created  by  the  statute,  which  provides  for  the  manner  of  making  original 
appointments,  the  terms  of  office,  how  all  vacancies  shall  be  filled  and  when 
the  term  of  an  incumbent  appointed  to  fill  a  vacancy  shall  expire.  People 
ex  rel.,  vs.  Osborne,  7  Colo.,  608;  People  vs.  Rucker,  5  Idem,  460;  Brown 
vs.  People,   11  Idem,   110. 

2.  This  section  recognizes  and  provides  for  the  appointment  of  ofl!icers 
not  enumerated  in  Section  1  of  this  Article.  People  vs.  Montez,  48  Colo., 
436,   445. 

3.  The  court  has  uniformly  declined  to  pass  upon  the  title  to  an  office 
or  the  right  to  property  in  an  ex  parte  proceeding  in  answer  to  an  executive 
or  legislative  question.     In  re  Appointments,  21  Colo.,  14. 

4.  The  power  of  the  governor  to  fill  a  vacancy  in  the  office  of  the  board 
of  public  works  of  the  City  of  Denver  is  controlled  by  the  city  charter  and 
not  by  Section  6,  Article  IV  of  the  Constitution,  and  an  appointment  to  fill 
such  vacancy  is  for  the  entire  unexpired  term,  and  not  until  the  next  meet- 
ing of  the  senate,  and  the  governor  is  not  required  to  submit  such  appoint- 
ment to  the  incoming  senate  for  confirmation.  Monash  vs.  Rhodes,  27 
Colo.,  236. 

5.  The  state  veterinary  surgeon  is  a  state  officer,  and  the  power  to 
remove  him  is  by  the  constitution  vested  in  the  governor.  Lamb  vs.  People. 
3  Colo.  App.,   106. 

6.  When  powers  are  specially  conferred  by  the  constitution  upon  the 
governor,  the  legislature  cannot  authorize  them  to  be  performed  by  any  other 
officer  or  authority;  and  from  those  duties  which  the  constitution  requires  of 
him,  he  cannot  be  excused  by  law.     Lamb  vs.  People,  3  Colo.  App.,  106. 

7.  The  state  veterinary  sanitary  board  has  no  authority  to  pass  upon 
the  qualifications  of  the  state  veterinary  surgeon,  and  no  power  to  remove 
him   from  office.     Lamb  vs.  People,   3  Colo.  App.,   106. 

8.  Section  6,  Article  IV  of  the  Constitution  authorizing  the  governor  to 
remove  certain  officers  for  incompetency,  neglect  of  duty  or  malfeasance  in 
office,  does  not  apply  to  an  office,  appointment  to  which  is  provided  for  and 
regulated  only  by   statute.     Benson   vs.   People,    10   Colo.  App.,   175. 

9.  Section  6,  Article  IV  of  the  Constitution  does  not  anply  to  a  member 
of  the  fire  and  police  board  appointed  under  Section  45  of  the  Charter  of  the( 
City  of  Denver  (Session  Laws,  1893,  p.  172)  which  provides  that  the  governor 
by  and  with  the  advice  of  the  senate  shall  appoint  three  commissioners  to 
constitute  said  board,  and  that  during  the  vacation  of  the  senate  the  governor 
may  fill  vacancies  by  appointment  in  writing  filed  with  the  secretary  of  state, 
and  that  all  of  said  appointments  shall  be  made  to  expire  on  the  second 
Tuesday  in  April.  An  appointment  made  by  the  governor,  as  provided,  to 
fill  a  vacancy  in  said  board  was  for  the  balance  of  the  full  term  and  it  was 
not  necessary  that  the  appointment  be  confirmed  by  the  senate  when  it  met, 
prior  to  the  expiration  of  the  term.  Such  officer  was  entitled  to  the  salary 
of  the  office  notwithstanding  the  incoming  governor  with  the  consent  of  the 
senate  nominated  another  person  to  fill  out  the  balance  of  the  term  after 
the  senate  met,  who  over  the  protest  of  the  former  assumed  and  exercised 
the  duties  of  the  office.     Church  vs.  Mullins.  10  Colo.  App..  318. 

10.  The  act  commonly  known  as  the  "Torrens  Land  Law,"  Session  Laws, 
1903  Chapter  139,  Section  9,  provides  that  county  clerks  and  recorders  of  the 
several  counties  shall  be  registrars  of  titles  in  their  respective  counties. 
Section  8,  Article  XIV,  Colorado  Constitution,  provides  that  there  shall  be 
elected  in  each  county  a  county  clerk,  who  shall  be  ex-offlcio  recorder  of 
deeds,  but  does  not  define  his  duties.  Held,  that  Section  9  of  the  act  does 
not  create  a  new  county  office,  which  is  neither  filled  bv  appointment,  as 
required  by  Article  IV,  Section  6,  supra,  nor  by  election  or  appointment,  as 
provided  by  Article  XIV,  Section  12,  since  only  additional  duties  are  imposed 
upon  said  clerk.     People  vs.  Crissman,   41   Colo.,   450. 

11.  The  provisions  of  Section  6,  Article  IV.  of  the  Constitution,  that  "if 
during  the  recess  of  the  senate,  a  vacancy  occurs"  in  any  office,  as  to  which 
no  other  provision  is  made  "the  governor  shall  appoint  some  fit  person  to 
discharge   the    duties   thereof   until    the    next   meeting   of   the   senate,"    refers 


ELECTION  LAWS  » 

to  cases  where,  the  joint  action  of  the  governor  and  the  senate  is  necessary 
to  fill  a  vacancy.  And  ad  interim  appointment  by  the  governor  during  the 
recess  of  the  senate,  does  not  fill  a  vacancy  in  the  office. 

This  is  accomplished  when,  under  the  concluding  provisions  of  the  sec- 
tion, the  senate  being  assembled,  the  governor  nominates,  and  the  senate 
confirms  the  nomination.     People  vs.   Scott.   52  Colo..   59. 

12.  The  appointment  of  the  warden  of  the  state  reformatory  is  not  com- 
mitted to  the  governor  by  Section  6,  Article  IV  of  the  Constitution,  being 
"otherwise  provided  for,"  within  the  meaning  of  that  section.  The  constitu- 
tion not  conferring  upon  any  officer  the  power  to  appoint  to  this  office,  it 
rested  with  the  legislature  to  confer  the  power,  and  take  it  away  at  its 
pleasure.     People  vs.  Capp,   61  Colo.,  396. 

Sec.  21. — Auditor  and  treasurer  ineligible  to  re-election. — Neither  the 
state  treasurer  nor  state  auditor  shall  be  eligible  for  re-election  as  his 
own  immediate  successor. 

No   annotations   under   this   section. 

ARTICLE    v.— LEGISLATIVE    DEPARTMENT. 

Section  1.  General  assembly — People — Initiative  and  referendum. — 
The  legislative  power  of  the  state  shall  be  vested  in  the  general  assembly- 
consisting  of  a  senate  and  house  of  representatives,  both  to  be  selected  by 
the  people,  but  the  people  reserve  to  themselves  the  power  to  propose 
laws  and  amendments  to  the  constitution  and  to  enact  or  reject  the  same 
at  the  polls  independent  of  the  general  assembly,  and  also  reserve  power 
at  their  own  option  to  approve  or  reject  at  the  polls  any  act,  item,  section 
or  part  of  any  act  of  the  general  assembly. 

The  first  power  hereby  reserved  by  the  people  is  the  INITIATIVE, 
and  at  least  eight  per  cent,  of  the  legal  voters  shall  be  required  to  prO' 
pose  any  measure  by  petition,  and  every  such  petition  shall  include  the 
full  text  of  the  measure  so  proposed.  Initiative  petitions  for  state  legis- 
lation and  amendments  to  the  constitution,  shall  be  addressed  to  and 
filed  with  the  secretary  of  state  at  least  four  months  before  the  election 
at  which  they  are  to  be  voted  upon. 

The  second  power  hereby  reserved  is  the  REFERENDUM,  and  it 
may  be  ordered,  except  as  to  laws  necessary  for  the  immediate  preserva- 
tion of  the  public  peace,  health  or  safety,  and  appropriations  for  the  sup- 
port and  maintenance  of  the  department  of  state  and  state  institutions, 
against  any  act,  section  or  part  of  any  act  of  the  general  assembly,  either 
by  a  petition  signed  by  five  per  cent,  of  the  legal  voters  or  by  the  general 
assembly.  Referendum  petitions  shall  be  addressed  to  and  filed  with  the 
secretary  of  state  not  more  than  ninety  days  after  the  final  adjournment 
of  the  session  of  the  general  assembly,  that  passed  the  bill  on  which  the 
referendum  is  demanded.  The  filing  of  a  referendum  petition  against  any 
item,  section  or  part  of  any  act,  shall  not  delay  the  remainder  of  an  act 
from  becoming  operative.  The  veto  power  of  the  governor  shall  not  ex- 
tend to  measures  initiated  by,  or  referred  to  the  people.  All  elections  on 
measures  referred  to  the  people  of  the  state  shall  be  held  at  the  biennial 
regular  general  election,  and  all  such  measures  shall  become  the  law  or  a 
part  of  the  constitution,  when  approved  by  a  majority  of  the  votes  cast 
thereon,  and  not  otherwise,  and  shall  take  effect  from  and  after  the  date 
of  the  official  declaration  of  the  vote  thereon  by  proclamation  of  the 
governor,  but  not  later  than  thirty  days  after  the  vote  has  been  can- 
vassed. This  section  shall  not  be  construed  to  deprive  the  general  assem- 
bly of  the  right  to  enact  any  measure.  The  whole  number  of  votes  cast 
for  secretary  of  state  at  the  regular  general  election  last  preceding  the 
filing  of  any  petition  for  the  initiative  or  referendum  shall  be  the  basis  on 
which  the  number  of  legal  voters  necessary  to  sign  such  petition  shall  be 
counted. 

The  secretary  of  state  shall  submit  all  measures  initiated  by  or  re- 
ferred to  the  people  for  adoption  or  rejection  at  the  polls,  in  compliance 
herewith.  The  petition  shall  consist  of  sheets  having  such  general  form 
printed   or   written   at  the   top   thereof  as   shall  be   designated   or   pre- 


10  ELECTION  LAWS 

scribed  by  the  secretary  of  state;  such  petition  shall  be  signed  by  quali- 
fied electors  in  their  own  proper  persons  only,  to  which  shall  be  attached 
the  residence  address  of  such  person  and  the  date  of  signing  the  same. 
To  each  of  such  petitions,  which  may  consist  of  one  or  more  sheets,  shall 
be  attached  an  affidavit  of  some  qualified  elector,  that  each  signature 
thereon  is  the  signature  of  the  person  whose  name  it  purports  to  be,  and 
that  to  the  best  of  the  knowledge  and  belief  of  the  affiant,  each  of  the 
persons  signing  said  petition  was  at  the  time  of  signing,  a  qualified 
elector.  Such  petition  so  verified  shall  be  prima  facie  evidence  that  the 
signatures  thereon  are  genuine  and  true  and  that  the  persons  signing  the 
same  are  qualified  electors.  *The  text  of  all  measures  to  be  submitted 
shall  be  published  as  constitutional  amendments  are  published,  and  in 
submitting  the  same  and  in  all  matters  pertaining  to  the  form  of  all  peti- 
tions the  secretary  of  state  and  all  other  officers  shall  be  guided  by 
the  general  laws,  and  the  act  submitting  this  amendment,  until  legislation 
shall  be  especially  provided  therefor. 

•[See  Article  XXIII  on  page  24  hereof.] 

The  style  of  all  laws  adopted  by  the  people  through  the  Initiative 
shall  be,  "Be  it  Enacted  by  the  People  of  the  State  of  Colorado." 

The  initiative  and  referendum  powers  reserved  to  the  people  by  this 
section  are  hereby  further  reserved  to  the  legal  voters  of  every  city,  town 
and  municipality  as  to  all  local,  special  and  municipal  legislation  of  every 
character  in  or  for  their  respective  municipalities.  The  manner  of  exer- 
cising said  powers  shall  be  prescribed  by  general  laws,  except  that  cities, 
towns  and  municipalities  may  provide  for  the  manner  of  exercising  the 
initiative  and  referendum  powers  as  to  their  municipal  legislation.  Not 
more  than  ten  per  cent,  of  the  legal  voters  may  be  required  to  order,  the 
referendum,  nor  more  than  fifteen  per  cent,  to  propose  any  measures  by 
the  initiative  in  any  city,  town  or  municipality. 

This  section  of  the  constitution  shall  be  in  all  respects  self  execut- 
ing. 

[Amended  section  as  proposed  by  L.  1910,  p.  11,  and  adopted  November, 
1910.] 

1.  In  this  section  the  phrase  "until  legislation  shall  be  especially  pro- 
vided therefor"  refers  only  to  the  submission  of  initiative  and  referendum 
measures  and  matters  pertaining  to  the  form  of  petitions  and  not  to  publica- 
tion;  (Musser.  J.  dissents).     In  re  H.  R.  No.  10,  50  Colo..  71.  74-77. 

2.  The  publication  of  initiated  or  referred  measures  must  be  in  accord- 
ance with  the  provisions  of  Article  XIX,  Section  2  and  the  statutes.     Idem  75. 

3.  Held — That  the  referendum  is  not  granted  to  a  mere  resolution,  e.  g. 
amendment  proposed  by  Congress  to  the  Federal  Constitution.  Prior  vs. 
Noland,  68  Colo.,   263. 

4.  An  act  entitled  "An  Act  to  Provide  for  the  Formation  of  Corpo- 
rations," may,  without  violating  Section  1.  Article  V,  of  the  Constitution, 
prescribe  a  penalty  for  failure  by  the  officers  of  a  corporation  to  comply 
with  its  provisions  relating  to  the  filing  of  annual  statements  of  its  affairs. 
Ludington  vs.  Heilman.  9  Colo.  App.,  548. 

5.  The  broad  power  of  legislation  reposed  in  the  general  assembly  by 
Section  1,  Article  V.  of  the  Constitution,  is  not  to  be  limited  by  implication 
drawn  from  any  otiier  provision  of  that  instrument,  unless  such  implication 
is  a  necessary   one.      Schwartz  vs.   People,    46   Colo..    239.    240. 

6.  The  general  assembly,  by  Section  1  of  Article  V  of  the  Constitution, 
has  absolute  power  to  regulate  or  prohibit  the  manufacture  or  sale  of  intoxi- 
cating liquors,  and  this  power  is  not  limited  or  impaired  by  anything  con- 
tained in  Section  5  of  Article  XVIII.     Schwartz  vs.  People,  46  Colo..  239,  240. 

7.  The  constitution  prohibits  the  delegation  of  the  powers  of  the  legis- 
lature. A  statute  (Laws.  1910.  Chapter  5)  required  every  railway  company  to 
furnish  cars  to  shippers;  to  prescribe  reasonable  time  schedules  for  the 
operation  of  trains;  prohibited  undue  advantages  to  particular  localities;  and 
required  the  utmost  diligence  in  the  carriage  of  goods  committed  to  them  for 
transportation.  Neither  the  number  of  trains  to  be  operated,  the  time  within 
which  any  train  should  run,  or  the  equipment  of  the  trains  was  specified. 
Other  provisions  of  the  act  provided  for  the  appointment  of  a  commission 
charged  with  the  administration  of  the  statute,  and  authorized  to  direct  what 
equipment  should  be  supplied,  what  trains  should  be  operated,  and  what  other 
duties  expressly  or  impliedly  imposed  upon  common  carriers  should  be  exacted 
of  them.  Held,  not  a  delegation  of  legislative  power.  Colo.  Co.  vs.  Railroad 
Com.,  54  Colo.,  64. 

8.  Under  the  provision  of  the  constitution  (Section  1,  Article  V.  Laws. 
1911,  Chapter  3).  that  "This  section  shall  not  be  construed  to  deprive  the  gen- 
eral assembly  of  the  right  to  enact  any  measure,"  the  legislature  may  repeal 


ELECTION  LAWS  11 

even  an  initiated  act,  approved  by  the  people.  And  may  by  declaring  that  a 
measure  is  "necessary  for  the  immediate  preservation  of  the  public  peace, 
health  and  safety,"  prevent  the  reference  thereof  to  the  people.  Such  a 
declaration  concludes  all  departments  and  all  parties,  in  so  far  as  it  abridges 
the  right  to  invoke  the  referendum.     In  re  Senate  Resolution,   54  Colo.,   263. 

9.  An  act  declaring  that  every  sentence  and  clause  thereof  is  "necessary 
for  the  immediate  preservation  of  the  public  peace,  health  and  safety,"  cannot 
be  referred  to   the  people. 

The  clause  in  question,  commonly  called  the  safety  clause,  may  be  enacted 
by  a  mere  majority  vote.  In  the  absence  of  the  emergency  clause,  the  statute, 
in  such  case,  takes  effect  after  ninety  days  from  the  adjournment  of  the 
session.     People  vs.  Ramer,  61  Colo..   422. 

10.  A  declaration  by  the  general  assembly  that  an  enactment  is  "neces- 
sary for  the  immediate  preservation  of  the  public  peace,  health  and  safety,"  is 
conclusive,  and  not  subject  to  review  by  the  courts.  Van  Kleeck  vs.  Ramer, 
62  Colo.,  4. 

11.  Acts  of  the  general  assembly  which  are  referable  under  amended 
Section  1  of  Article  V  of  the  Constitution  (Laws,  1910,  Chapter  3)  take  effect 
at  the  expiration  of  ninety  days  from  the  adjournment  of  the  session,  and 
not  before,  even  though  bearing  emergency  clause  (Constitution,  Article  V, 
Section  19).     Interrogatories  of  the  Governor,   66  Colo.,   319, 

12.  Acts  not  referable  and  not  bearing  the  emergency  clause,  take  effect 
at  the  expiration  of  ninety  days  from  their  passage.  Interrogatories  of  the 
Governpr,   66  Colo.,  319. 

13.  Acts  bearing  both  the  safety  and  emergency  clause  take  effect  imme- 
diately upon  their  approval  by  the  governor.  Interrogatories  of  the  Governor, 
66  Colo,,   319. 

14.  Referendum,  does  not  extend  to  resolutions.  In  view  of  the  precise 
words  of  Section  1  of  Article  V  of  the  Constitution  by  which  the  referendum 
is  extended  to  any  act,  or  part  of  an  act;  that  the  petition  shall  be  filed  within 
a  specified  period  from  the  adjournment  of  the  session  of  the  general 
assembly  that  passed  the  bill  on  which  referendum  is  demanded,  and  that  the 
filing  of  a  referendum  petition,  against  any  act,  or  part  of  any  act  shall  not 
delay  the  remainder  of  the  act  from  becoming  operative,  held  that  the  refer- 
endum is  not  granted  to  a  mere  resolution;  e.g.,  amendment  proposed  by 
Congress  to  the  Federal  Constitution.     Prior  vs.  Noland,   68  Colo..   26S. 

15.  The  people  have  no  power  to  ratify  amendments  proposed  to  the 
Federal  Constitution,  and  therefore  cannot  exercise  the  referendum  upon  such 
resolution  adopted  by  the  legislature.     Prior  vs.  Noland,   68  Colo.,   262,   264. 

Sec.  2.  Election  of  members — Vacancies. — An  election  for  members 
of  the  general  assembly  shall  be  held  on  the  first  Tuesday  in  October,  in 
the  years  of  our  Lord  1876  and  1878,  and  in  every  alternate  year  there- 
after, on  such  day,  at  such  places  in  each  county  as  now  are  or  hereafter 
may  be  provided  by  law.  The  first  election  for  members  of  the  general 
assembly  under  the  state  organization,  shall  be  conducted  in  the  manner 
prescribed  by  the  laws  of  Colorado  Territory,  regulating  elections  for 
members  of  the  legislative  assembly  thereof.  When  vacancies  occur  in 
either  house,  the  governor,  or  person  exercising  the  powers  of  governor, 
shall  issue  writs  of  election  to  fill  such  vacancies. 

No  annotations  under  this  heading. 

Sec.  3.  Terms  of  senators  and  representatives. — Senators  shall  be 
elected  for  the  term  of  four  years,  except  as  hereinafter  provided,  and 
representatives  for  the  term  of  two  years. 

No  annotations  under  this  heading. 

Sec.  4.  Qualifications  of  members — General  assembly. — No  person 
shall  be  a  representative  or  senator  who.  shall  not  have  attained  the  age 
of  twenty-five  years,  who  shall  not  be  a  citizen  of  the  United  States,  who 
shall  not  for  at  least  twelve  months  next  preceding  his  election,  have  re- 
sided within  the  territory  included  in  the  limits  of  the  county  or  district 
in  which  he  shall  be  chosen;  Provided,  That  any  person  who  at  the  time 
of  the  adoption  of  this  constitution,  was  a  qualified  elector  under  the  ter- 
ritorial laws,  shall  be  eligible  to  the  first  general  assembly. 

No  annotations  under  this  heading. 

Sec.  5.  Classification  of  senators. — The  senators  at  their  first  ses- 
sion, shall  be  divided  into  two  classes.  Those  elected  in  districts  desig- 
nated by  even  numbers  shall  constitute  one  class;  those  elected  in  dis- 
tricts designated  by  odd  numbers  shall  constitute  the  other  class,  except 


12  ELECTION  LAWS 

that  senators  elected  in  each  of  the  districts  having  more  than  one 
senator  shall  be  equally  divided  between  the  two  classes.  The 
senators  of  one  class  shall  hold  for  two  years,  those  of  the  other  class 
shall  hold  for  four  years,  to  be  decided  by  lot  between  the  two  classes,  so 
that  one-half  of  the  senators,  as  near  as  practicable,  may  be  biennially 
chosen  forever  thereafter. 

No  annotations  under  this  heading. 

Sec.  6.  Compensation  of  members  of  general  assembly. — Each  mem- 
ber of  the  general  assembly,  until  otherwise  provided  by  law,  shall  receive 
as  compensation  for  his  services  the  sum  of  one  thousand  ($1,000)  dollars 
for  each  biennial  period,  payable  at  the  rate  of  $7.00  per  day  during  both 
the  regulai*  and  special  sessions,  the  remainder,  if  any,  payable  on  the 
first  day  of  the  last  month  of  each  biennial  period;  together  with  all 
actual  and  necessary  traveling  expenses  to  be  paid  after  the  same  have 
been  incurred  and  audited,  and  the  said  members  of  the  general  assembly 
shall  receive  no  compensation,  perquisite  or  allowance  whatever.  No 
general  assembly  shall  fix  its  own  compensation. 

[Amended  section  as  proposed  by  L.  1909,  p.  314.  Adopted  November, 
1910.] 

1.  The  Supreme  Court  takes  judicial  notice  of  the  time  when  a  session 
of  the  general  assembly  will  expire  by  limitation  of  law.  (Decision  under  this 
section  as  it  originally  appeared.)     In  re  S.  B.  No.  416,  45  Colo.,   344,  395. 

2.  Probably  this  section  as  it  originally  stood,  comes  within  the  excep- 
tion above  and  permitted  hold-over  senators  of  the  First  General  Assembly 
to  have  had  their  salaries  increased  in  the  Second  General  Assembly.  Carlisle 
vs.  Henderson,  17  Colo.,  532,  537. 

Sec.  8.  Members  precluded  from  holding  office. — No  senator  or  rep- 
resentative shall,  during  the  time  for  which  he  shall  have  been  elected  be 
appointed  to  any  civil  oflice  under  this  state;  and  no  member  of  congress, 
or  other  person  holding  any  oflice  (except  of  attorney-at-law,  notary  pub- 
lic, or  In  the  militia)  under  the  United  States  or  this  state,  shall  be  a 
member  of  either  house  during  his  continuance  in  office. 

1.  This  section  only  prohibits  a  senator  from  being  appointed  to  a  civil 
office,  not  his  election  thereto.     Carpenter  vs.  People,   8  Colo.,   129. 

2.  Elected  and  appointed  are  not  used  synonymously  in  the  constitution, 
but  with  due  regard   to  the  primary  and  proper  significance.     Idem. 

3.  Chapter  161  of  the  Laws  of  1915.  providing  for  the  appointment  for 
the  survey  committee  of  state  affairs,  imposes  upon  the  committee  no  duty 
but  the  making  of  investigations  and  recommendations  directed  to  the  more 
efficient  and  economical  management  of  state  institutions,  and  departments 
and  is  not  in  violation  of  Article  III,  or  the  eighth,  or  the  eighth  section  of 
Article  V  of  the  Constitution.     Mulnix  vs.  Elliott,   62  Colo.,   46. 

Sec.  30.  Extension  of  term  and  increase  of  salary  of  public  officers. 
— Except  as  otherwise  provided  in  this  constitution,  no  law  shall  extend 
the  term  of  any  public  officer,  or  increase  or  diminish  his  salary  or  emol- 
uments after  his  election  or  appointment;  Provided,  That  on  and  after 
the  first  day  of  March,  A.  D.  1881,  the  salaries  of  the  following  designated 
public  officers,  including  those  thereof  who  may  then  be  incumbents  of 
such  offices,  shall  be  as  herein  provided,  viz.: 

The  governor  shall  receive  an  annual  salary  of  five  thousand  dollars, 
and  the  further  sum  of  fifteen  hundred  dollars  for  the  payment  of  a  pri- 
vate secretary. 

The  judges  of  the  supreme  court  shall  each  receive  an  annual  salary 
of  five  thousand  dollars. 

The  judges  of  the  district  courts  shall  each  receive  an  annual  salary 
of  four  thousand  dollars. 

[Amended  section  as  proposed  by  L.  '81,  p.  63.  Adopted  November  7, 
1882.] 

1.  A  bill  not  to  extend  the  term,  but  to  fix  the  commencement  of  the 
term  of  office  of  county  treasurers,  does  not  conflict  with  this  section.  In 
re  H.  B.  No.   38  as  to  County  Treasurers,   9   Colo.,    631. 

2.  If  such  a  bill  become  a  law,  its  effect  is  to  leave  a  vacancy  as  to 
the  time  between  the  ending  of  the  old  term  and  the  beginning  of  the  new. 
Idem. 


ELECTION  LAWS  18 

3.  "Election"  in  the  above  section  explained.  Carlile  v.  Henderson,  17 
Colo..   532. 

4.  See    Sipe    vs.    People,    26    Colo..    127. 

5.  The  statute  fixing:  the  fees  of  district  attorneys  does  not  apply  to 
deputy  district  attorneys  and  in  the  absence  of  a  provision  for  compensation 
of  a  deputy  district  attorney  by  the  board  of  county  commissioners,  he  is 
not  entitled  to  compensation  for  his  services.  And  where  at  the  time  of  the 
appointment  of  a  deputy  district  attorney  no  compensation  has  been  fixed 
by  the  board  of  county  commissioners  the  board  could  fix  such  compensa- 
tion after  his  appointment  without  in  any  way  violating  the  provisions  of 
Section  30,  Article  V,  of  the  Constitution  which  forbids  the  enactment  of  a 
law  that  increases  or  diminishes  the  salary  or  emoluments  of  a  public  oflftcer 
after  his   election  or  appointment.      Merwin  vs.   Boulder  Co.,    29   Colo.,   169. 

6.  Section  30,  Article  V,  Colo.,  const.,  providing  that,  except  as  other- 
wise provided  in  the  Constitution,  no  law  shall  extend  the  term  of  any 
public  officer  or  increase  or  diminish,  his  salary  after  his  election,  does 
not  restrict  the  power  of  the  people  to  amend  the  constitution;  and  hence 
Section  3,  Article  XX,  Colorado  Constitution,  providing  that  the  terms  of  all 
officers  of  the  City  and  County  of  Denver  should  terminate  on  the  consolida- 
tion of  the  city  and  county,  deprived  the  city  attorney  of  his  office  and  right 
to  further  salary,  although  the  term  for  which  he  was  elected  had 
not  yet  expired.     Orahood  vs.   Denver,   41   Colo.,   172. 

7.  Plaintiff  was  elected  to  the  office  of  county  judge  of  a  county  which 
was  then  in  a  class  in  which  the  salary  of  that  office  was  declared  to  be  a 
sum    named,   and    "no    more." 

During  his  term  of  office  the  county  was  transferred  to  another  class 
in  which  the  county  judge  was,  by  statute,  entitled  to  an  allowance  for 
clerk  hire.  Held,  that  under  the  constitution.  Section  30,  Article  V,  the 
plaintiff  was  not  entitled  to  this  allowance.  Henderson  vs.  County  of  Boul- 
der,   51   Colo.,    364. 

8.  The  Constitution  provides  that  the  salary  of  the  lieutenant  governor 
shall  not  be  increased  during  his  official  term.  The  officer  keeping  no  books, 
records,  or  office,  and  having  no  duties  to  perform  except  to  preside  at  the 
meetings  of  the  Senate,  lield,  that  an  appropriation  made  by  the  legislature 
to   this  officer,   "for  official  or  semi-official  purposes,"  was  void. 

No  official  of  the  state  except  members  of  the  legislature,  and  no  county 
officials,  except  the  county  commissioners,  are  entitled  to  an  allowance  for 
traveling   expenses.      Leckenby    vs.    Post    Co.,    65    Colo.,    443. 

9.  The  relator  was  appointed  chief  inspector  of  coal  mines  for  a  term 
of  four  years.  Subsequently  the  Civil  Service  Amendment  to  the  Constitu- 
tion was  adopted,  by  which  his  position  came  into  the  classified  civil  serv- 
ice, and  all  offices  included  therein  were  graded  and  compensated  according 
to  standards  of  efficient  service.  Held,  that  a  subsequent  increase  of  the 
salary  of  the  officer,  by  act  of  the  legislature,  was  not  prohibited  bv  Section 
30   of  Article  V  of  the  Constitution,     People  vs.   Stong,    67   Colo.,    599. 

ARTICLE    VI.— JUDICIAL    DEPARTMENT. 

Section  1.  Vestment  of  judicial  power — Recall  of  decisions. — The 
judicial  power  of  the  state  as  to  all  matters  of  law  and  equity,  except  as 
in  the  constitution  otherwise  provided,  shall  be  vested  in  the  supreme 
court,  district  courts,  county  courts,  and  such  other  courts  as  may  be  pro- 
vided by  law.  In  counties  and  cities  and  counties,  having  a  population 
exceeding  one  hundred  thousand,  exclusive  original  jurisdiction  in  cases 
involving  minors  and  persons  whose  offenses  concern  minors  may  be 
vested  in  a  separate  court  now  or  hereafter  established  by  law.  None  of 
said  courts  except  the  supreme  court  shall  have  any  power  to  declare 
or  adjudicate  any  law  of  this  state  or  any  city  charter  or  amendment 
thereto  adopted  by  the  people  in  cities  acting  under  Article  XX  hereof  as 
in  violation  of  the  Constitution  of  this  state  or  of  the  United  States;  pro- 
vided that  before  such  decision  shall  be  binding  it  shall  be  subject  to 
approval  or  disapproval  by  the  people,  as  follows:  Such  decision  shall  be 
filed  in  the  oflBce  of  the  clerk  of  the  supreme  court  within  ten  days  after 
it  is  finally  made.  If  it  concerns  a  state  law  it  shall  not  be  binding  until 
sixty  days  after  such  date.  Within  said  sixty  days  a  referendum  petition, 
signed  by  not  less  than  five  per  cent,  of  the  qualified  electors,  addressed 
to  and  filed  with  the  secretary  of  state,  may  request  that  such  law  be 
submitted  to  the  people  of  this  state  for  adoption  or  rejection  at  an  elec- 
tion to  be  held  in  compliance  herewith.  The  secretary  of  state  shall  cause 
to  be  published  the  text  of  such  law  or  part  thereof,  as  constitutional 
amendments  are  published,  as  near  as  may  be,  and  he  shall  submit  the 
same  to  the  people  at  the  first  general  election  held  not  less  than  ninety 
days  after  such  petition  shall  have  been  filed;  provided  that  provision 
may  be  made  by  law  for  also  submitting  such  laws  or  parts  thereof  at  a 


14  ELECTION  LAWS 

special  election.  All  such  laws  or  parts  thereof  submitted  as  herein  pro- 
vided when  approved  by  a  majority  of  the  votes  cast  thereon  at  such  elec- 
tion shall  be  and  become  the  law  of  this  state  notwithstanding  the  deci- 
sion of  the  supreme  court,  to  take  effect  from  and  after  the  date  of  the 
declaration  of  the  vote  thereon  by  proclamation  of  the  governor,  not  less 
than  thirty  days  after  the  vote  has  been  canvassed. 

If  such  decision  concerns  a  charter  or  an  amendment  thereto  of  a 
city  or  city  and  county  acting  under  Article  XX  of  this  constitution,  it 
shall  not  be  binding  until  sixty  days  after  it  has  been  filed  in  the  ofllce  of 
the  clerk  of  said  court.  Within  said  sixty  days  a  referendum  petition, 
signed  by  not  less  than  five  per  cent,  of  the  qualified  electors  of  such  city 
or  city  and  county,  addressed  to  and  filed  with  the  legislative  body  of  said 
city  or  city  and  county,  may  request  that  such  charter  or  amendment 
thereto  be  submitted  to  the  people  of  such  city  or  city  and  county  for 
their  adoption  or  rejection.  It  shall  be  the  duty  of  said  legislative  body 
to  publish  the  text  of  such  charter  or  amendment  thereto  as  initiative 
ordinances  are  published  as  near  as  may  be  and  submit  such  charter  or 
amendment  thereto  to  the  people  of  such  city  or  city  and  county,  at  an 
election  to  be  called  by  said  legislative  body  not  less  than  sixty  days  after 
the  filing  of  said  petition,  unless  there  should  be  under  the  charter  of  said 
city  or  city  and  county  a  regular  election  to  be  held  for  the  election  of 
officers  of  said  city  or  city  and  county  within  said  sixty  days,  in  which 
event  such  charter  or  amendment  thereto  may  be  submitted  to  the  vote 
of  the  people  at  such  regular  election.  All  such  charters,  or  amendments 
thereto,  so  submitted  as  herein  provided,  when  approved  by  a  majority  of 
the  votes  cast  thereon  in  said  city  or  city  and  county,  shall  be  and  become 
the  law  of  this  state  and  of  said  city  or  city  and  county  notwithstanding 
the  decision  of  the  supreme  court,  to  take  effect  from  and  after  the  date 
of  the  declaration  of  the  vote  thereon  by  proclamation  of  said  legislative 
body  not  less  than  thirty  days  after  the  vote  has  been  canvassed.  The 
whole  number  of  votes  cast  for  governor  at  the  regular  general  election 
last  preceding  the  filing  of  any  petition  to  submit  a  state  law  under  the 
provisions  hereof,  and,  if  a  charter  or  amendment  thereto,  the  whole  num- 
ber of  votes  cast  for  that  officer  receiving  the  highest  vote  cast  at  the  last 
preceding  general  election  for  officers  of  such  city  or  city  and  county  re- 
questing such  submission  shall  be  the  basis  on  which  the  number  of  quali- 
fied electors  necessary  to  sign  such  petition  shall  be  counted. 

Any  petition  herein  provided  for  may  be  circulated  and  signed  in 
sections,  provided  each  section  shall  contain  a  full  and  accurate  copy 
of  the  title  and  text  of  the  law,  or  charter,  or  amendment  thereto,  which 
it  is  proposed  to  submit.  The  signatures  to  such  petition  need  not  all  be 
on  one  sheet  of  paper,  but  each  signer  must  add  to  his  signature  the  date 
of  his  signing  said  petition,  and  his  place  of  residence,  giving  his  street 
number,  if  any,  should  he  reside  in  a  town  or  city.  The  person  circulat- 
ing such  sheet  must  make  and  subscribe  an  oath  on  said  sheet  that  the 
signatures  thereon  are  genuine,  and  a  false  oath,  wilfully  so  made  and 
subscribed  by  such  person,  shall  be  perjury  and  punished  as  such.  All 
petitions  shall  be  deemed  and  held  to  be  sufficient  if  they  appear  to  be 
signed  by  the  requisite  number  of  signers,  and  such  signers  shall  be 
deemed  and  held  to  be  qualified  electors  unless  a  protest  in  writing,  under 
oath,  shall  be  filed  in  the  office  in  which  such  petition  has  been  filed,  by 
some  qualified  elector,  within  fifteen  days  after  such  petition  is  filed,  set- 
ting forth  specifically  the  ground  of  such  protest,  whereupon  the  officer 
with  whom  such  petition  is  filed  shall  forthwith  forward  a  copy  of  such 
protest  to  the  person  or  persons  named  in  such  petition  as  representing 
the  signers  thereof,  together  with  a  notice  fixing  a  time  for  hearing  such 
protest  not  less  than  five  nor  more  than  ten  days  after  such  notice  is 
made.  All  hearings  shall  be  before  the  officer  with  whom  such  protest 
Is  filed,  and  all  testimony  shall  be  under  oath.  Such  hearings  shall  be 
summary  and  not  subject  to  delay,  and  must  be  concluded  within  thirty 
days  after  such  petition  is  filed,  and  the  result  thereof  shall  be  forthwith 
certified  to  the  person  or  persons  representing  the  signers  of  such  peti- 
tion.    In  case  the  petition  is  not  sufficient  it  may  be  withdrawn  bx  the 


ELECTION  LAWS  15 

person  or  a  majority  of  the  persons  representing  the  signers  of  such 
petition,  and  may,  within  fifteen  days  thereafter,  be  amended  and  refiled 
as  an  original  petition.  The  findings  as  to  the  sufficiency  of  any  petition 
may  be  reviewed  by  any  state  court  of  general  jurisdiction  in  the  county 
in  which  such  petition  is  filed,  upon  application  of  the  person,  or  a  major- 
ity of  the  persons,  representing  the  signers  of  each  petition,  but  such  re- 
view shall  be  had  and  determined  forthwith. 

When  any  petition  contains  a  form  of  submission  of  a  law,  charter, 
or  amendment  thereto,  petitioned  to  be  referred,  when  such  form  is  a 
reasonably  fair  description  thereof,  the  same  shall  be  placed  on  the  bal- 
lot, and  no  petition  filed  subsequent  thereto  shall  be  permitted  to  use  any 
form  of  submission  that  is  so  similar  to  the  one  previously  filed  as  to  tend 
to  confuse  the  voter,  and  in  case  of  conflict  the  person  or  a  majority  of 
persons  representing  the  subsequent  petition  may  file  a  form  of  submis- 
sion, provided  the  same  shall  be  fairly  descriptive  of  the  law,  city  charter, 
or  amendment  thereto,  petitioned  to  be  submitted  and  not  in  conflict  with 
any  prior  forms  of  submission  nor  tend  to  confuse  the  voter.  Legislation 
may  be  enacted  to  facilitate  the  operation  of  this  article,  but  in  no  way 
limiting  or  restricting  the  provisions  hereof,  or  the  powers  herein  re- 
served. 

In  submitting  such  laws  the  secretary  of  state  and  all  other  oflScers 
shall  be  guided  by  the  general  laws  so  far  as  applicable,  and  the  vote 
thereon  as  to  state  laws  shall  be  canvassed  and  the  result  determined  in 
the  manner  prescribed  by  law  for  the  canvass  of  votes  for  representatives 
in  congress.  In  submitting  a  city  charter,  or  an  amendment  thereto,  the 
vote  thereon  shall  be  canvassed  and  the  result  determined  in  the  manner 
prescribed  by  the  charter  or  law  governing  any  such  city  or  city  and 
county  for  the  canvass  of  votes  for  officers  elected  in  such  city  or  city 
and  county. 

[Amended  section  as  proposed  by  Initiative  Petition  and  adopted  Novem- 
ber 5,  1912.] 

1.  The  creation  of  the  office  of  police  judge  for  a  city  or  incorporated 
town  is  within  the  legislative  authority;  and  the  election  of  such  officer 
may,  by  law,  be  conferred  upon  the  municipal  authorities  of  cities  of  certain 
classes;  but  the  creation  of  a  judicial  officer  by  name  merely,  without 
defining  his  duties  and  providing  the  manner  of  their  exercise,  does  not  con- 
stitute a  court.  In  the  absence  of  statutory  authority  the  city  council  cannot 
establish  jurisdiction  and  provide  for  the  exercise  of  judicial  functions. 
People   vs.   Curley,    5   Colo.,    412. 

2.  The  judicial  and  legislative  departments  are  co-ordinate  branches 
of  the  government.  Each  is  a  like  superior  in  the  exercise  of  its  proper 
function.      People    vs.    Rucker,    5    Colo.,    458. 

3.  The  office  of  police  judge,  with  jurisdiction  to  enforce  town  ordi- 
nances, is  authorized  by  Section  1,  Article  VI,  of  the  Constitution.  People 
ex   rel.    Mills   vs.    Jobs,    7    Colo.,    475. 

4.  "Where  an  officer  was  recognized  under  the  organic  act  of  the  terri- 
tory, and  where  the  same  office  is  recognized  under  the  State  Constitution, 
it  is  a  matter  of  no  consequence  that  the  existence  thereof  under  the  former 
instrument  was  by  virtue  of  certain  powers  conferred  upon  justices  of 
the  peace,  while  under  the  latter  its  validity  depends  upon  a  provision  relat- 
ing to  judicial  officers  for  cities  and  towns.  People  ex  rel.  Mills  vs.  Jobs. 
7    Colo.,    589. 

5.  The  superior  court  of  Denver  is  not  of  the  same  class  or  grade  as 
the  district  court  of  the  state,  within  the  meaning  of  the  constitution. 
Section  1  of  Article  VI  of  the  Constitution  authorizes  the  creation  of  the 
superior  court  of  Denver.     Darrow  vs.  People,  8  Colo.,  417. 

6.  That  part  of  Section  192  of  the  Code  of  Civil  Procedure  authoriz- 
ing the  clerk  to  enter  judgment  upon  a  referee's  report  is  not,  as  an 
attempt  to  make  the  finding  of  the  referee  the  finding  of  the  court  with- 
out its  submission-  to  the  court,  a  violation  of  Article  VI,  Section  1,  of  the 
State  Constitution  relative  to  the  judicial  power.  Terpening  vs.  Holton,  9 
Colo.,  306. 

7.  A  bill  creating  a  "Court  of  Appeals,"  the  decisions  of  which  shall 
have  the  same  force  and  effect,  as  the  decisions  and  opinions  of  the  supreme 
court,  is  unconstitutional.  In  re  S.  B.  No.  76  as  to  a  Court  of  Appeals.  9 
Colo..    623. 

8.  The  jurisdiction  lodged  in  the  supreme  court  by  the  Constitution  can- 
not be  transferred  to  another  court  created  by  the  legislature,  in  any  manner* 
so  as  to  make  its  decisions  and  opinions  final.     Idem   624. 

9.  Two  such  courts  with  like  jurisdiction  and  powers  is  not  contemplated 
by   the   Constitution.     Idem. 


16  ELECTION  LAWS 

10.  The  courts  have  concurred  jurisdiction  to  judge  of  the  classifications. 
elections,  etc.,  of  members  of  the  City  Council  of  Denver.  Each  board  of  the 
said  council  is  sole  judge  in  each  case.  Darrow  vs.  People,  8  Colo.,  422; 
Board  of  Aldermen  vs.  Darrow.  13  Colo.,  465. 

11.  Section  1,  Article  VI,  of  the  Constitution,  as  amended,  recognizes 
the  legislative  right  to  create  a  court  of  review,  but  no  such  court  can  be 
clothed  with  final  jurisdiction  co-ordinate  with  the  supreme  court.  People 
vs.    Richmond,    16    Colo.,    274. 

12.  The  court  of  appeals  created  by  the  act  under  consideration  is 
subject  to  the  superintending  control,  and  guided  by  decisions  of  the  supreme 
court.     People  vs.  Richmond,  16  Colo.,  274. 

13.  The  Constitution  confers  and  defines  the  jurisdiction  of  the  supreme 
court,  but  does  not  inhibit  the  legislature  from  regulating,  to  some  extent, 
the  quantum  of  its  business  by  reasonably  contracting  or  enlarging  the 
limits  of  such  jurisdiction.  The  constitutional  policy  is  not  to  specify  abso- 
lutely the  extent  and  boundaries  of  the  jurisdiction  of  all  courts,  but  to 
allow  a  large  legislative  discretion  in  connection  therewith.  People  vs.  Rich- 
mond,   16    Colo.,    274. 

14.  The  act  of  1891  authorizing  an  additional  justice  of  the  peace  in 
precincts  having  a  population  of  over  twenty  thousand  was  a  valid  exercise 
of   legislative   power.      Pueblo   Co.    vs.   Smith,    22    Colo.,    534. 

15.  The  passing  on  claims  against  a  county  by  the  board  of  county 
commissioners  is  an  administrative  or  legislative,  rather  than  a  judicial  act, 
and  the  statute  giving  to  the  board  discretionary  power  to  allow  or  disallow 
fees  in  criminal  trials  and  examinations  before  justices  of  the  peace,  is  not 
unconstitutional  as  purporting  to  confer  upon  the  board  judicial  power. 
Merwin   vs.   Boulder   Co.,    29    Colo.,    169. 

16.  The  provision  of  the  Act  of  April  4,  1887,  is  not  repugnant  to  the 
Constitution  as  an  attempt  to  vest  judicial  power  in  the  state  engineer  and 
assisting  surveyors,  or  to  authorize  the  deprivation  of  a  person's  property 
without  due  process  of  law.     Hinsdale  Co.,  vs.  Mineral  Co.,  9  Colo.  App.,  368. 

17.  If,  through  any  fraud,  deceit  or  misrepresentation,  any  party  or 
parties  shall  procure  the  issuing  of  any  lease  for  state  lands,  the  board  shall 
have  the  authority  to  cancel  any  such  lease,  is  not  unconstitutional  on  ground 
that  it  confers  upon  the  state  land  board  judicial  power,  and  the  land  board 
has  authority  under  the  statute  to  proceed  to  investigate  an  alleged  fraudu- 
lent lease,  to  hear  witnesses  and,  if  convinced  that  such  lease  was  procured 
through  fraud,  to  cancel  the  lease.  But  the  action  of  the  board  is  not  final. 
Am.   Sulphur  &  Min.   Co.,   vs.   Brennan,    20   Colo.   App.,    439. 

18.  An  action  brought  in  the  district  court  to  assume  jurisdiction  over 
and  supervise  a  state  and  county  election,  cannot  be  maintained,  such  juris- 
diction being  vested  by  the  Constitution  in  the  supreme  court.  Aichele  vs. 
People,  40  Colo.,  482,  486. 

19.  The  policy  of  the  Constitution  was  not  to  specify  absolutely  the 
extent  of  the  jurisdiction  of  all  the  courts,  but  to  allow  a  large  legislative 
discretion.     People  ex  rel.,  vs.  Scott,  52  Colo.j,   59,   67. 

20.  Neither  this  department  nor  the  legislative  has  any  right  to  leave 
its  own  sphere,  nor  assume  directly  a  superior  power  nor  another  when 
that  other  is  in  the  exercise  of  its  authority.  Speer  vs.  People,  52  Colo.,  325. 
335. 

21.  The  court  has  the  power  to  determine  what  the  character  of  regis- 
tration is,  what  the  Constitution  contains  but  not  what  it  should  contain. 
Idem    339. 

22.  The  use  of  the  words  "district,"  "county"  and  "criminal,"  in  the 
sections  of  this  article  as  prefixes  to  the  word  "courts"  has  no  other  qualifica- 
tion than  to  give  appropriate  names  of  tribunals  of  government.  The  oflflcers 
do  not  thereby  become  officers  of  the  respective  entities  that  bar  such  prefixes. 
Dixon    vs.    People,    53    Colo.,    527. 

23.  The  amendment  of  Section  1  of  Article  VI  of  the  Constitution  by 
initiation  in  1912  (Laws  1913,  p.  678)  had  not  the  effect  to  repeal  the  pro- 
visions of  Section  1  of  the  schedule  to  the  Constitution,  continuing  the 
then  statutory  provisions  establishing  the  office  of  justice  of  the  peace.  Court- 
right  Pub.  Co.   vs.   Bray,   67   Colo.,   588. 

24.  A  district  court  of  the  state  is  bound  by  the  mandate  of  the  Federal 
Constitution  (Article  VI,  par.  2)  to  apply  that  instrument  upon  all  proper 
occasions  and  hold  it  to  be  the  supreme  law  of  the  land,  and  to  determine 
whether  or  not  state  legislative  acts  violate  it,  notwithstanding  Constitution 
Article  VI,  Section  1  (see  Laws  1913,  p.  678),  providing  that  no  court  except 
the  supreme  court  shall  have  any  power  to  declare  any  law  of  the  state  in 
violation  of  the  Constitution  of  the  state  or  of  the  United  States,  in  view 
of  Constitution  Article  XII,  Section  8.  People  vs.  West.  Union  Tel.  Co.,  198 
Pac,   146. 

25.  When  a  federal  constitutional  question  is  raised  in  any  of  the  trial 
courts  of  Colorado,  the  right  is  given  and  the  duty  is  imposed  on  those  courts 
by  that  Instrument  itself  (Article  VI.  par.  2),  to  adjudicate  and  determine 
it,  and  the  right  so  given  can  neither  be  taken  away  nor  that  duty  abrogated 
by  the  State  Constitution  or  otherwise,  and  any  adjudication  of  the  supreme 
court  of  the  state  on  such  a  question  cannot  be  reviewed  by  popular  vote 
of  the  citizens  or  one  of  its  municipalities  under  Constitution,  Article  VI. 
Section  1  (see  Laws  1913.  p.  678).  and  the  supreme  court  in  passing  on 
such  a  question  is  under  the  necessity,  in  view  of  Constitution,  Article  VI. 
Section  2,  to  declare  what  effect  is  to  be  given  its  decision,  in  order  that 
the  clerk  may  know  whether  or  not  it  be  his  official  duty  to  file  the  decision 


ELECTION  LAWS  17 

as  therein  provided,  and  in  order  that  reporter  may  know  whether  it  is  to  be 
published  with  the  other  decisions  of  the  court,  or  held  in  abeyance  pending 
a   possible   recall.      People   vs.    West.    Union   Tel.   Co.,    198    Pac,    146. 

26.  Where  in  criminal  prosecution,  defendants  demurred  to  information 
on  the  ground  that  the  statute  in  question  violated  federal  and  state  Consti- 
tutions, and  court  determined  that,  in  view  Constitution,  Article  VI,  Section  1 
(see  Laws  1913,  p.  678),  he  did  not  have  authority  to  do  anything,  and  sus- 
tained the  motion  to  quash  and  demurrer,  and  the  state  prosecuted  a  writ 
of  error  under  Revised  Statutes,  1908,  Section  1917,  and  it  was  claimed  that 
lower  court  dismissed  the  cause  without  passing  upon  the  issue  raised,  and 
that  the  writ  of  error  m.ust  be  dismissed  because  state  court  had  no  original 
jurisdiction  in  the  matter,  the  supreme  court  could  dispose  of  the  question 
irrespective  of  whether  the  cause  be  considered  before  its  original  jurisdic- 
tion, on  review,  or  neither,  in  view  of  Constitution,  Article  VI,  Section  2, 
vesting  in  it  "a  general  superintending  control  over  all  inferior  courts." 
People  vs.  Max.,  198  Pac.  Rep.,  150. 

27.  That  portion  of  Constitution,  Article  VI,  Section  1  (see  Laws  1913, 
p.  678),  taking  from  all  courts  of  the  state  except  the  supreme  court  the 
power  to  construe  the  state  or  federal  Constitutions,  is  indivisible;  and 
for  the  simple  reason  that  it  is  invalid  as  to  the  federal  constitutional  ques- 
tions, it  is  likewise  invalid  as  to  state  constitutional  questions.  People  vs. 
Max.,    198   Pac.   Rep.,    150. 

28.  Constitution,  Article  VI,  Section  1  (see  Laws  1913,  p.  678),  withdraw- 
ing from  all  the  state  courts  except  the  supreme  court  power  to  pass  on 
state  constitutional  questions,  is  invalid  as  to  one  charged  with  crime  under 
a  statute,  because  it  deprives  him  of  due  process  of  law,  notwithstanding 
Laws,  1913,  Chapter  121,  giving  the  supreme  court  power  to  prescribe  rules  of 
practice  and  procedure  in  all  courts  of  record.  People  vs.  Max,  198  Pac. 
Rep.,    150. 

29.  The  recall  provisions  of  Constitution,  Article  VI,  Section  1,  (see 
Laws,  1913,  p.  678.),  withdrawing  from  all  courts  of  the  state  except  the 
supreme  court  the  power  to  pass  on  constitutional  questions,  are  null  and 
void,  since,  if  the  people  cannot  by  statute  or  constitutional  enactment  deny 
to  any  person  "due  process  of  law,"  no  more  can  they*  accomplish  the  same 
object  by  popular  vote  under  the  guise  of  the  recall  of  a  court  decision. 
People  vs.  Max,  198  Pac.  Rep.,  150. 

30.  The  portion  of  Constitution,  Article  VI,  Section  1,  as  amended  (see 
Laws,  1913,  p.  678),  providing  that;  "The  judicial  power  of  the  state  as  to 
all  matters  of  law  and  equity,  except  as  in  the  constitution  otherwise  pro- 
vided, shall  be  vested  in  a  supreme  court,  district  courts,  county  courts,  and 
such  other  courts  as  may  be  provided  by  law.  In  counties  and  cities  and 
counties,  having  a  population  exceeding  one  hundred  thousand,  exclusive 
original  jurisdiction  in  cases  involving  minors  may  be  vested  in  a  separate 
court  now  or  hereafter  established  by  law" — is  valid,  but  the  remainder  of 
such  section  is  null  and  void,  and  no  part  of  the  constitution.  People  vs. 
Max,    198   Pac.   Rep.,    150. 

Sec.  6.  Election  of  judges. — ^The  judges  of  the  supreme  court,  except 
as  herein  provided,  shall  be  elected  by  the  electors  of  the  state  at  large. 

[Amended  section  as  proposed  by  L.  '03,  p.  149.  Adopted  November  8, 
1904.] 

1.  Judges  of  the  district  court  who  are  elected  at  the  regular  sexennial 
election  hold  their  offices  for  the  term  of  six  years,  and  those  elected  to  fill 
a  vacancy  hold  only  for  the  unexpired  term.  People  ex  rel.  Bentley  vs. 
Le  Fevre,   21  Colo.,   218. 

Sec.  7,  Term  of  office. — The  term  of  office  of  the  judges  of  the 
supreme  court,  hereafter  elected,  except  as  in  this  article  otherwise  pro- 
vided, shall  be  ten  years. 

[Amended  section  as  proposed  by  L.  '03.  p.  149.  Adopted  November  8, 
1904.] 

1.     See  note  1  under  Section  6  above. 

Sec.  8.  Appointment  and  election  of  judges. — No  successor  of  the 
judge  of  the  court  of  appeals  whose  term  expires  in  April,  1905,  shall  be 
appointed. 

On  the  first  Wednesday  of  April,  1905,  the  court  of  appeals  shall 
cease  to  exist,  and  the  judges  of  said  court  whose  regular  terms  shall  not 
then  have  expired  shall  become  judges  of  the  supreme  court.  All  causes 
pending  before  the  court  of  appeals  shall  then  stand  transferred  to,  and 
be  pending  in,  the  supreme  court,  and  no  bond  or  obligation  given  in  any 
of  said  causes  shall  be  affected  by  said  transfer. 


18  ELECTION  LAWS 

The  term  of  office  of  that  judge  of  the  supreme  court  whose  term 
expires  on  the  second  Tuesday  in  January,  1907,  shall  so  expire;  the  term 
of  office  of  that  judge  transferred  from  the  court  of  appeals  whose  terms 
would  expire  in  April,  1907,  shall  expire  on  the  second  Tuesday  in  Jan- 
uary, 1907;  and  the  term  of  office  of  that  judge  of  the  supreme  court 
whose  term  expires  in  January,  1910,  is  hereby  extended  to  the  second 
Tuesday  in  January,  1911;  and  the  term  of  office  of  the  judge  or  judges 
transferred  from  the  court  of  appeals  whose  term  would  expire  in  April, 
1909,  shall  expire  on  the  second  Tuesday  in  January,  1909;  and  the  term 
of  office  of  the  judge  of  the  supreme  court  whose  term  expires  on  the 
second  Tuesday  in  January,  1913,  shall  so  expire. 

At  the  general  election  in  the  year  1906  and  every  tenth  year  there- 
after, there  shall  be  elected  two  judges  of  the  supreme  court. 

At  the  general  election  in  the  year  1908,  there  shall  be  elected  three 
judges  of  the  supreme  court,  one  for  the  term  of  six  years,  and  two  for 
the  term  of  ten  years. 

At  the  general  election  in  the  year  1910  and  every  tenth  year  there- 
after, there  shall  be  elected  one  judge  of  the  supreme  court. 

At  the  general  election  in  the  year  1912  and  every  tenth  year  there- 
after, there  shall  be  elected  one  judge  of  the  supreme  court. 

At  the  general  election  in  the  year  1914  and  every  tenth  year  there 
after,  there  shall  be  elected  one  judge  of  the  supreme  court. 

At  the  general  election  in  the  year  1918  and  every  tenth  year  there- 
after, there  shall  be  elected  two  judges  of  the  supreme  court. 

Provided,  That  if  said  court  of  appeals  shall  at  the  time  of  the  going 
into  effect  of  this  amendment,  by  law  consist  of  only  three  judges,  the 
governor  shall  nominate  and  by  and  with  the  advice  and  consent  of  the 
senate  appoint  two  judges  of  the  supreme  court,  whose  term  of  office 
shall  begin  on  the  first  Wednesday  of  April,  1905,  and  expire  on  the  sec- 
ond Tuesday  of  January,  1909. 

Provided  also,  That  nothing  herein  contained  shall  be  construed  to 
prevent  the  general  assembly  from  changing  the  time  of  electing  judges 
of  the  supreme  court  and  from  extending  or  abridging  their  terms  of  office 
as  provided  in  Art.  VI,  section  15  of  the  constitution  of  this  state. 

The  judge  having  the  shortest  time  to  serve,  not  holding  his  office  by 
appointment  or  election  to  fill  vacancy,  shall  be  the  chief  justice. 

Of  the  two  judges  whose  terms  of  office  expire  upon  the  same  day, 
the  younger  in  years  of  the  two  judges  shall  be  the  chief  justice  during 
the  next  to  the  last  year  of  his  term  of  office  and  the  elder  of  the  two 
judges  shall  be  chief  justice  during  the  last  year  of  his  term  of  office. 

The  chief  justice  shall  provide  at  all  sessions  of  the  court  en  banc, 
and,  in  case  of  his  absence,  then  the  judge  present  who  would  next  be 
entitled  to  become  chief  justice  shall  preside. 

Until  otherwise  provided  by  law,  the  supreme  court  shall  have  power 
to  review  the  judgments  and  proceedings  of  inferior  courts,  in  such  in- 
stances and  in  such  manner  as  was  provided  by  law  previous  to  the  act 
establishing  the  court  of  appeals. 

[Amended  section  as  proposed  by  L.  '03,  p.  149.  Adopted  November  8. 
1904.] 

1.     See  note  one  under  Section   6,   supra. 

Sec.  15.  Election  of  judges — District  court — Term. — The  judges  of 
the  district  court  first  elected  shall  be  chosen  at  the  first  general  election. 
The  general  assembly  may  provide  that  after  the  year  eighteen  hundred 
and  seventy-eight,  the  election  of  judges  of  the  supreme,  district  and 
county  courts,  and  the  district  attorneys,  or  any  of  them,  shall  be  on  a 
different  day  from  that  on  which  an  election  is  held  for  any  other  pur- 
pose, and  for  that  purpose  may  extend  or  abridge  the  term  of  office  of  any 
such  officers  then  holding,  but  not  in  any  case  more  than  six  months. 
Until  otherwise  provided  by  law,  such  officers  shall  be  elected  at  the  time 


ELECTION  LAWS  19 

of  holding  the  general  elections.  The  terms  of  office  of  all  judges  of  the 
district  court,  elected  in  the  several  districts  throughout  the  state,  shall 
expire  on  the  same  day;  and  the  terms  of  office  of  the  district  attorneys 
elected  in  the  several  districts  throughout  the  state  shall,  in  like  manner 
expire  on  the  same  day. 

1,  The  Constitution  of  Colorado,  Article  VI,  Section  12,  provides  that  dis- 
trict judg-es  shall  be  elected  for  a  term  of  six  years.  Section  15  provMes  that 
the  terms  of  all  the  district  judges  shall  expire  on  the  same  day.  Section  29, 
providing-  for  vacancies,  authorizes  those  elected  to  hold  their  office  for  the 
unexpired  term.  Section  14,  as  it  stood  in  1878,  provided  for  an  increase 
in  the  number  of  districts  and  judges  not  oftener  than  once  in  six  years. 
By  the  amendment  of  1886  such  increase  can  be  made  at  any  legislative 
session,  and  such  an  increase  was  made  in  1887.  Held,  that,  in  order  to  cause 
the  expiration  of  all  terms  on  the  same  day,  the  provision  of  Section  12  is 
to  be  considered  as  so  far  modified  that  the  judg-es  of  new  districts,  and 
additional  judges  of  old  districts,  hold  only  until  the  next  regular  election 
of  judges.      In    re   Election   of   District   Judges,    11   Colo.,    373. 

District  Attorney. 

Sec.  21.  Election — Term — Salary — Qualification. — There  shall  be 
elected  by  the  qualified  electors  of  each  judicial  district,  at  the  general 
election  in  the  year  nineteen  hundred  and  four,  and  every  four  years 
thereafter,  a  district  attorney  for  such  district,  whose  term  of  office  shall 
be  four  years,  and  whose  duties  and  salary  or  compensation,  either  from 
the  fees  or  emoluments  of  his  office  or  from  the  general  county  fund,  as 
shall  be  provided  by  law.  , 

No  person  shall  be  eligible  to  the  office  of  district  attorney  who  shall 
not,  at  the  time  of  his  election,  be  at  least  twenty-five  years  of  age  and 
possess  all  the  qualifications  of  judges  of  the  district  courts,  as  provided 
in  this  article.  The  term  of  office  of  the  district  attorneys  serving  in  the 
several  districts,  at  the  time  of  the  adoption  of  this  amendment,  is  hereby 
extended  to  the  second  Tuesday  of  January,  in  the  year  A.  D.  1905. 

[Amended  section  as  proposed  by  L.  '01,  p.  110.  Adopted  November  4, 
1902.] 

1.  It  is  the  duty  of  the  district  attorneys  to  appear  in  the  district  courts 
of  their  respective  districts  on  behalf  of  the  state.  The  A.,  T.  &  S.  P.  R.  R. 
Co.  vs.  People,  5  Colo.,  60. 

2.  The  district  attorney  must  be  a  licensed  attorney.  People  vs.  Hallett, 
1  Colo.,  357. 

3.  Election  and  appointment  are  the  only  constitutional  ways  of  filling- 
office  of  district  attorney.     People  vs.  Annis,   10   Colo.,    54. 

4.  While  it  is  not  decided  that  by  detaching  the  county  in  which  the 
district  attorney,  in  a  given  judicial  district  resides  and  attaching  such  county 
to  a  new  judicial  county,  that  such  district  attorney  can  be  legislated  out  of 
the  office  for  which  he  was  constitutionally  elected,  still  it  is  decided  he  does 
not  in  virtue  of  the  premises  become  legislated  into  the  office  of  district 
attorney  of  the  new  judicial  district.     Idem  55. 

5.  The  person  duly  appointed  by  a  judge  of  a  new  district  becomes  the 
district  attorney  of  such  district.     Idem. 

6.  A  district  attorney  is  a  state  officer,  provided  for  by  this  section, 
whose  general  duties  are  set  forth  in  Section  2221,  but  who  has  many  addi- 
tional duties  set  forth  in  Section  2223.  Shum&te  vs.  Co.  Com.,  1  Colo.,  Dec. 
Supp.,  54,  56. 

County  Court. 

Sec.  22.  Judge — Election — Term — Salary. — There  shall  be  elected  at 
the  general  election  in  each  organized  county  in  the  year  nineteen  hun- 
dred and  four,  and  every  four  years  thereafter,  a  county  judge,  who  shall 
be  judge  of  the  county  court  of  said  county,  whose  term  of  office  shall  be 
four  years,  and  who  shall  be  paid  such  salary  or  compensation,  either 
from  the  fees  and  emoluments  of  his  office  or  from  the  general  county 
fund,  as  shall  be  provided  by  law. 

The  term  of  office  of  the  county  judge  serving  at  the  time  of  the  adop- 
tion of  this  amendment  is  hereby  extended  to  the  second  Tuesday  of  Jan- 
uary, in  the  year  A.  D.  1905. 

[Amended  section  as  proposed  by  L.  '01,  p.  Ill,  Adopted  November  4, 
1902.] 


20  ELECTION  LAWS 

1.  The  term  "county  courts"  in  the  Constitution  of  Colorado  (Sections 
22  and  23,  Article  VI),  has  a  distinct  meaning,  and  designates  a  district  court, 
and  cannot,  by  any  rules  of  interpretation,  he  made  to  include  the  criminal 
court.     People  vs.   Rucker,   5  Colo.,   455. 

2.  County  judges  are  not  required  to  be  learned  in  the  law,  many  of 
them  not  even  being  licensed  practitioners.  People  vs.  Richmond,  16  Colo., 
274,  283. 

3.  County  judges  are  county  officers  within  the  m.eaning  of  the  constitu- 
tion.    In  re  Compensation  of  County  Judges,  18  Colo.,   272. 

4.  See  note  1  under  Section  6,  supra. 

5.  The  provisions  of  the  charter  of  the  City  and  County  of  Denver, 
adopted  March  29,  1904,  increasing  the  number  of  judges  of  the  county  court 
to  two  and  changing  the  time  of  election  of  such  judges  are  invalid  and 
inoperative,  and  one  elected  to  fill  the  additional  office  provided  for  by  said 
charter  is  not  entitled  to  hold  and  exercise  the  office  of  county  judge  of  the 
City  and  County  of  Denver.     People  vs.  Johnson,  34  Colo.,   143. 

6.  A  county  judge,  acting  under  the  charter  provisions  of  a  city  increas- 
ing the  number  of  judges  to  two,  which  are  unconstitutional,  is  a  de  facto 
officer  and  his  acts  in  discharge  of  his  duties  are  valid.  Butler  Adm.  vs. 
Phillips,  38  Colo.,  378,  387;  Rude  vs.  Sisack,  44  Colo.,  21,  27. 

7.  All  the  officials  designated  as  county  officers  are  enumerated  in  Sec- 
tion 6  of  Article  XIV.  The  judge  of  the  county  court  is  not  of  the  number 
and  considering  the  provisions  of  Article  VI  it  is  manifest  that  the  judge 
of  the  county  court  is  no  more  an  officer  of  the  county  in  which  he  exercises 
judicial  functions  than  is  the  judge  of  the  district  court  an  officer  of  the 
district,  in  the  courts  where  he  presides.  Each  is  an  officer  of  the  state. 
The  prefix  "district,"  "county,"  or  "criminal,"  as  used  in  Article  VI,  has  in 
each  case  no  signification  whatever,  save  to  confer  an  appropriate  name  to 
these  respective  tribunals  of  government,  and  in  no  sense  implies  that  the 
persons  are  chosen  to  preside  in  such  tribunals  become  officers  of  the  respec- 
tive agencies  which  bear  these  territorial  designations.  Dixon  vs.  People, 
53   Colo.,    527. 

Sec.  29.  Where  officers  must  reside — Vacancies. — ^AU  officers  pro- 
vided for  in  this  article,  excepting  judges  of  the  supreme  court,  shall  re- 
spectively reside  in  the  district,  county,  precinct,  city  or  town  for  which 
they  may  be  elected  or  appointed.  Vacancies  occurring  in  any  of  the 
offices  provided  for  in  this  article  shall  be  filled  by  appointment  as  fol- 
lows: Of  judges  of  the  supreme  and  district  courts,  by  the  governor;  of 
district  attorneys,  by  the  judge  of  the  court  of  the  district  for  which  such 
attorney  was  elected;  and  of  all  other  judicial  officers,  by  the  board  of 
county  commissioners  of  the  county  wherein  the  vacancy  occurs.  Judges 
of  the  supreme,  district  and  county  courts  appointed  under  the  provisions 
of  this  section  shall  hold  office  until  the  next  general  election  and  until 
their  successors  elected  thereat  shall  be  duly  qualified. 

[Amended  section  as  proposed  by  G.  L.  '77,  p.  132.  While  there  is  no 
record  of  the  vote  on  this  amendment,  it  is  supposed  to  have  been  adopted 
October  1,  1878.] 

1.  The  Constitution  of  Colorado,  neither  by  express  words  nor  necessary 
implication,  requires  that  all  judicial  officers  shall  be  elected;  and  in  the 
absence  of  constitutional  restraint  the  power  of  the  general  assembly  to 
declare  the  office  of  criminal  judge  either  selective,  or  appointive,  in  their 
discretion,  was  plenary.     People  vs.  Rucker.  5  Colo..   455. 

2.  The  office  of  criminal  judge  is  "provided  for"  in  Article  VI  of  the 
Constitution,  and  is  therefore  included  in  Section  29  of  said  article.  An  exist- 
ing office  without  an  incumbent  may  be  vacant,  whether  it  be  a  new  or  an 
old  one.  The  legislative  authority  to  create  the  office  of  criminal  judge, 
and  vest  the  original  appointment  in  the  governor,  by  and  with  the  advice 
and  consent  of  the  senate,  is  undoubted.  The  senate  not  being  in  session 
when  the  act  became  a  law,  the  governor  had  no  right  to  appoint,  and  the 
office  existing  without  an  incumbent,  was  vacant.  This  "vacancy"  can  be 
filled  only  by  appointment  by  the  county  commissioners,  as  provided  in  Sec- 
tion  29,  Article  VI,   of  the  Constitution.      People  vs.   Rucker,    5   Colo.,   455. 

3.  See  note   1    under   Section    15,    supra. 

4.  See  note  3  under  Section  22,  supra. 

5.  See   note    1    under   Section    6,    supra. 

6.  Section  29,  Article  6,  of  the  Constitution,  which  provides  that  all 
judicial  officers,  excepting  judges  of  the  supreme  court,  shall  reside  in  the 
district,  county,  precinct,  city  or  town  for  which  they  are  elected  or  appointed, 
requires  that  a  district  judge  shall  maintain  his  actual  residence  in  his  dis- 
trict as  distinguished  from,  a  legal  constructive  residence  or  domicile.  But 
where  a  district  judge  for  eight  months  after  the  beginning  of  his  term  on 
account  of  his  health  and  on  the  advice  of  physicians  has  lived  out  of  his 
district  as  much  of  the  time  as  his  actual  presence  was  not  needed  in  the 
district,  and  it  is  his  liona  flde  intention  to  return  and  maintain  his  actual 
residence  in  the  district  as  soon  as  his  health  will  permit,  although  the  time 
when  he  will  be  able  to  return  is  not  definite,  it  is  held  not  sufficient  to  work 
a  forfeiture  of  his  office.     People  vs.  Owers,  29  Colo.,  535. 


ELECTION  LAWS  21 

7.  The  naked  declaration  of  a  district  judge  of  his  intention  to  maintain 
his  actual  residence  in  his  district  would  not  be  conclusive  of  the  question. 
People  vs.  Owers,   29   Colo.,   535. 

8.  If,  according  to  the  terms  of  the  statute,  the  office  of  a  justice  of 
the  peace  must  be  held  within  particular  limits,  and  he  holds  its  elsewhere, 
mandamus  does  not  lie  to  compel  him  to  remove  and  hold  it  within  the  limit 
designated  by  statute.     Chapman  vs.  People,  9  Colo.  App.,  268. 

9.  The  court  having  received  information  from  the  county  clerks  of 
many  of  the  counties,  that,  as  shown  by  the  records  and  memorials  contained 
in  their  respective  offices,  the  amendment  proposed  by  Article  XVII  of  General 
Laws,  1877,  to  Section  29  of  Article  VI,  was  in  fact  submitted  to  the  people 
at  the  succeeding  general  election,  and  being  convinced  beyond  doubt  from 
these  sources  of  information,  and  the  recognition  of  the  amendment  in  the 
early  decisions  of  this  court,  when  the  matter  must  have  been  of  common 
knowledge  (5  Colo.,  455,  457;  id  487,  490;  6  Colo.,  92,  93;  11  Colo.,  373,  376)  that 
in  fact  the  amendment  so  proposed  received  the  popular  sanction,  declared  it 
to  be  part  of  the  fundamental  law,  though  no  evidence  whatever  of  its  sub- 
mission or  adoption  was  found  in  the  office  of  the  secretary  of  state.  Harri- 
son  vs.   People,   57   Colo.,   137. 

ARTICLE  VII.— SUFFRAGE  AND   ELECTIONS. 

Section  Section 

1.  Qualifications  of  elector.  8.     Elections    by    ballot    or    voting 

2.  Suffrage  to  women.  machine. 

3.  Educational      qualifications  of         9.     No  privilege  to  witness  in  elec- 

elector.  tlon  trial. 

4.  When  residence  does  not  change.  10.     Disfranchisement  during  impris- 

5.  Privilege  of  voters.  onment. 

6.  Electors  only  eligible  to  office.  11.     Purity  of  elections. 

7.  General  election.  12.     Election      contests  —  By      whom 

tried. 

Section  1.  Qualifications  of  elector. — Every  person  over  the  age  of 
twenty-one  years,  possessing  the  following  qualifications,  shall  be  en- 
titled to  vote  at  all  elections:  He  or  she  shall  be  a  citizen  of  the  United 
States,  and  shall  have  resided  in  the  state  twelve  months  immediately 
preceding  the  election  at  which  he  offers  to  vote,  and  in  the  county,  city, 
town,  ward,  or  precinct,  such  time  as  may  be  prescribed  by  law. 

[Amended  section  as  proposed  by  L.  '01,  p.  107.  Adopted  November  4, 
1902.]  . 

1.  The  constitutional  rights  and  privileges  of  the  electors  cannot  be 
infringed  under  the  guise  of  regulation.  People  vs.  District  Court,  18  Colo., 
26,   37. 

The  words  elections  in  Section  1,  Article  VII,  of  the  Constitution,  is  not 
used  in  its  general  or  comprehensive  sense,  but  in  its  restricted  political 
sense,  meaning  public  elections  for  the  choice  of  public  officers. 

A  statute  requiring  the  question  of  the  annexation  of  a  town  or  city  to 
be  submitted  to  the  determination  of  such  qualified  electors  of  the  munici- 
pality as  have  in  the  year  next  preceding  paid  a  property  tax  therein,  is 
not   unconstitutional.      Mayor   vs.    Shattuck,    19    Colo.,    203. 

3.  An  essential  qualification  of  a  voter  is  that  he  shall  have  resided 
in  the  state  six  months,  in  the  county  ninety  days  and  in  the  ward  or  precinct 
ten  days  immediately  preceding  the  election  at  which  he  offers  to  vote.  Sharp 
vs.  Mclntire,  23  Colo.,  99. 

4.  "Residence,"  within  the  meaning  of  the  constitution  and  the  statute 
prescribing  the  qualifications  of  electors,  is  synonymous  with  "home"  or 
"domicile."  To  constitute  a  place  of  inhabitancy  such  residence  requires  its 
adoption  as  a  fixed  and  permanent  habitation,  and  not  only  a  personal  presence 
for  the  requisite  time,  but  a  concurrence  therewith  of  an  intention  to  make 
such   place  the  true  home.      Sharp  vs.   Mclntire,    23   Colo.,    99. 

5.  One  who  has  a  home  or  domicile  in  another  state  or  territory  cannot 
by  a  sojourn  here,  however  long,  acquire  a  residence  in  this  state  within  the 
meaning  of  the  constitution  and  statute,  without  abandoning  his  former 
donricile.     Sharp  vs.   Mclntire,   23  Colo.,   99. 

6.  This  section  referred  to  as  being  modified  by  Article  XIV,  Section  2. 
In  case  of  a  question  as  to  the  removal  of  a  county  seat.  Board  of  County 
Commissioners,  Eagle  County  vs.  Love,  26  Colo.,  297,  305. 

7.  A  student  who  came  into  the  state  for  the  purpose  of  attending  school, 
and  resided  in  the  county  and  precinct  within  which  the  school  was  situated 
for  more  than  six  months  and  intended  to  so  reside  until  he  completed  the 
course  of  four  years,  but  did  not  intend  to  reside  in  said  county  after  com- 
pleting the  course  of  study,  and  was  without  intention  as  to  what  place  he 
would  make  his  permanent  habitation,  was  not  a  resident  within  the  meaning 
of  the  constitution  and  was  not  a  legal  voter  in  the  precinct  where  the  school 
was  located.     Parsons  vs.  People,   30  Colo.,   388. 

8.  Where  parties  make  a  trip  to  this  state,  buy  land,  then  return  to  their 
old  home  for  six  or  seven  months,  that  period  cannot  be  counted  as  residence 
here  for  purpose  of  voting.     People  vs.  Turpin,  49  Colo.,  234,  238. 


22  ELECTION  LAWS 

9.  Under  the  Constitution  (Section  5,  Article  II,  Section  1,  Article  VII). 
every  qualified  elector  has  the  equal  right  to  cast  a  ballot  for  the  person  of 
his  own  selection,  and  nothing  can  lawfully  prevent  the  exercise  of  this  right. 
Legislative  regulation  of  the  franchise  cannot  extend  to  deny  its  exercise, 
or  trammel  by  conditions  so  difficult  or  inconvenient  as  to  amount  to  a  denial. 
Accordingly  held  that  portion  of  Section  5919  of  the  Revised  Statutes  which 
provides  that  at  election  for  school  directors  "no  person  other  than  those 
whose  names  appear  upon  the  ballot" — prepared  by  the  secretary — "shall  be 
voted  for,"   is   unconstitutional.      Littlejohn   vs.   People,    52    Colo.,    217. 

10.  In  view  of  Section  2,  Article  XIV.  and  Section  1  of  Article  VII  of  the 
Constitution,  whether  the  same  rule  as  to  residence  should  be  adopted  in 
elections  for  the  location  of  a  county  seat,  as  in  one  for  the  removal  of  a 
county  seat  is  a  question  for  the  legislature.  The  provisions  of  the  act  of 
1881,  as  to  this  matter  are  within  the  legislative  power.  Town  of  Sugar 
City  vs.   Commissioners,   57   Colo.,    432. 

Sec.  2.  Suffrage  to  women. — The  general  assembly  shall  at  the  first 
session  thereof,  and  may  at  any  subsequent  session  enact  laws  to  extend 
the  right  of  suffrage  to  women  of  lawful  age  and  otherwise  qualified  ac- 
cording to  the  provisions  of  this  article.  No  such  enactment  shall  be  of 
effect  until  submitted  to  the  vote  of  the  qualified  electors  at  a  general 
election,  nor  unless  the  same  be  approved  by  a  majority  of  those  voting 
thereon. 

Sec.  3.  Educational  qualifications  of  elector. — The  general  assembly 
may  prescribe,  by  law,  an  educational  qualification  for  electors,  but  no 
such  law  shall  take  effect  prior  to  the  year  of  our  Lord  one  thousand 
eight  hundred  and  ninety  (1890),  and  no  qualified  elector  shall  be  thereby 
disqualified. 

Sec.  4.  When  residence  does  not  change. — For  the  purpose  of  voting 
and  eligibility  of  office,  no  person  shall  be  deemed  to  have  gained  a  resi- 
dence by  reason  of  his  presence,  or  lost  it  by  reason  of  his  absence,  while 
in  the  civil  or  military  service  of  the  state,  or  of  the  United  States,  nor 
while  a  student  at  any  institution  of  learning,  nor  while  kept  at  public 
expense  in  any  poorhouse  or  other  asylum,  nor  while  confined  in  public 
prison. 

See  note  No.   6  under   Section   1,  above,   supra. 

Sec.  5.  Privilege  of  voters. — ^Voters  shall  in  all  cases,  except  treason, 
felony  or  breach  of  the  peace,  be  privileged  from  arrest  during  their  at- 
tendance at  elections,  and  in  going  to  and  returning  therefrom. 

Sec.  6.  Electors  only  eligible  to  office. — No  person  except  a  qualified 
elector  shall  be  elected  or  appointed  to  any  civil  or  military  office  in  the 
state. 

1.  This  section  does  not  prevent  the  legislature  from  declaring  the 
payment  of  taxes  a  necessary  qualification  for  membership  in  the  Denver 
Board  of  Aldermen.     Darrow  vs.  People,    8  Colo.,   420. 

2.  The  right  to  vote  and  the  right  to  hold  office  must  not  be  confused; 
citizenship  and  the  requisite  sex,  age  and  residence  constitute  the  individual 
a  legal  voter,  but  other  qualifications  are  absolutely  essential  to  the  efficient 
performance  of  the  duties  connected  with  almost  every  office.  Darrow  vs. 
People,   8  Colo.,   420. 

3.  The  language  of  this  section  is  simply  negative  in  form,  and  only 
prohibits  the  election  or  appointment  to  office  of  one  not  a  qualified  elector; 
Id.      Darrow   vs.    People,    8    Colo.,    420. 

4.  This  section  was  not  intended  to  say  that  the  right  to  vote  should 
be  the  sole  and  exclusive  test  of  eligibility  to  all  civil  offices,  except  as  other- 
wise provided  In  the  constitution.     Id.,  421.     Darrow  vs.  People,  8  Colo.,  420. 

5.  Under  the  constitution  of  this  state  qualified  electors  only  are  eligible 
to  the  office  of  notary  public,  and  a  bill  providing  for  the  appointment  of 
women  to  such  office,  lield  to  be  unconstitutional.  In  re  House  Bill  No.  166 
9   Colo.,    628. 

6.  Constitution  of  Colorado,  Article  VII,  Section  6,  provides:  "No  person 
except  a  qualified  elector  shall  be  elected  or  appointed  to  any  civil  or  military 
office  in  this  state."  Eeld,  that  the  word  "office,"  as  used  therein,  does  not 
include  deputy  clerkships  of  county  courts,  and  women  may  hold  such  deputy 
clerkships.      Jefferies    vs.   Harrington,    11    Colo.,    191. 

7.  Section  6,  Article  VII,  of  the  Constitution,  prohibits  the  election  or 
appointment  to  civil  or  military  offices  of  any  person  except  qualified  electors. 
In  re  Thomas,  16  Colo.,  441,  442. 


ELECTION  LAWS  23 

8.  But  this  provision  refers  to  those  offices  which  involve  an  election 
or  appointment  by  or  on  behalf  of  the  general  public,  and  the  performance  of 
duties  essentially  public  in  their  nature.  And  attorneys  at  law  are  not  per  se 
"civil   officers"    within    its   meaning.      In   re   Thomas,    16   Colo.,    441,    442. 

Sec.  7.  General  election. — The  general  election  shall  be  held  on  the 
first  Tuesday  of  October,  in  the  years  of  our  Lord  eighteen  hundred  and 
seventy-six,  eighteen  hundred  and  seventy-seven,  and  eighteen  hundred 
and  seventy-eight,  and  annually  thereafter  on  such  day  as  may  be  pre- 
scribed by  law. 

1.  This  section  referred  to  in  Mannix  vs.  Selbach,  31  Colo.,   502,   504. 

2.  The  only  special  power  upon  the  subject  of  elections  conferred  by 
Article  XX  upon  the  people  of  Denver,  beside  the  permission  to  use  the  auto- 
matic voting  register,  is  to  fix  the  term,  which  includes  the  time  of  elections, 
and  to  designate  the  officers  who  within  the  municipality,  as  agents,  perform 
the  functions  of  the  state  and  county  government. 

All    elections    are    public    in    character,    of    governmental    and  state-wide 

importance,   rather   than  of  local   interest,   and   therefore   must   be  under   the 

control    and    regulation    of    the    constitution    and    general    Jaws.  Mauff    vs. 
People,    52   Colo.,    562. 

Sec.  8.  Election  by  ballot  or  voting  machine. — All  elections  by  the 
people  shall  be  by  ballot,  and  in  case  paper  ballots  are  required  to  be  used, 
every  ballot  shall  be  numbered  in  the  order  in  which  it  shall  be  received, 
and  the  number  recorded  by  the  election  officers  on  the  list  of  voters 
opposite  the  name  of  the  voter  who  presents  the  ballot.  The  election 
officers  shall  be  sworn  or  affirmed  not  to  inquire  or  disclose  how  any 
elector  shall  have  voted.  In  all  cases  of  contested  elections  in  which 
paper  ballots  are  required  to  be  used,  the  ballots  cast  may  be  counted 
and  compared  with  the  list  of  voters,  and  examined  under  such  safe- 
guards and  regulations  as  may  be  provided  by  law.  Nothing  in  this  sec- 
tion, however,  shall  be  construed  to  prevent  the  use  of  any  machine  or 
mechanical  contrivance  for  the  purpose  of  receiving  and  registering  the 
votes  cast  at  any  election,  provided  that  secrecy  in  voting  be  preserved. 

When  the  governing  body  of  any  county,  city,  city  and  county  or 
town,  including  the  city  and  county  of  Denver,  and  any  city,  city  and 
county,  or  town  which  may  be  governed  by  the  provisions  of  special 
charter,  shall  adopt  and  purchase  a  voting  machine,  or  voting  machines, 
such  governing  body  may  provide  for  the  payment  therefor  by  the 
issuance  of  interest-bearing  bonds,  certificates  of  indebtedness,  or  other 
obligations,  which  shall  be  a  charge  upon  such  city,  city  and  county,  or 
town;  such  bonds,  certificates  or  other  obligations  may  be  made  payable 
at  such  time  or  times,  not  exceeding  ten  years  from  date  of  issue,  as  may 
be  determined,  but  shall  not  be  issued  or  sold  at  less  than  par. 

[Amended  section  as  proposed  by  L.  '05,  p.  168.  Adopted  November  6, 
1906.] 

1.  In  Colorado  the  right  to  vote  is  a  vested  constitutional  right  with 
no  condition  imposed  as  to  the  one  of  exercising  the  right,  except  that  the 
vote  be  by  ballot.      Kellogg  vs.   Hickman,    12   Colo.,    260. 

2.  Amendments  to  the  special  charter  of  a  city  incorporated  prior  to 
the  constitution,  which  city  declines  to  re-incorporate  under  the  general 
law  passed  after  the  adoption  of  that  instrument,  are  not  obnoxious  to  the 
constitutional  inhibition  relating  to  local  legislation.  People  vs.  Londoner, 
13   Colo.,   303. 

3.  The  clause  in  the  constitution  commanding  the  legislature  to  pro- 
vide by  general  law  for  the  trial  of  "election  contests"  is  purely  prospective 
in  its  operation;  it  did  not  repeal  the  provision  of  a  special  charter  relating 
to  contests  for  the  office  of  mayor,  existing  prior  to  the  adoption  of  that 
instrument.     People  vs.   Londoner,   13   Colo.,   303. 

4.  When  the  constitution  commands  the  legislature  to  provide  a  method 
and  forum  for  the  trial  of  "election  contests"  the  statute  passed  in  obedience 
to  such  command  is  exclusive  as  to  such  contests,  though  no  exclusive  words 
be  employed.     People  vs.  Londoner,  13   Colo.,   303. 

5.  The  constitutional  provision  extending  the  right  at  the  trial  of 
"election  contests"  to  open  ballot-boxes  and  examine  the  ballots  found  therein 
does  not  forbid  the  exercise  of  this  privilege  in  quo  warranto  proceedings. 
People  vs.  Londoner,  13  Colo.,  303,  304. 

6.  This    section   referred   to    in    Rhode   vs.    Stinmetz,    25    Colo.,    308,    332. 

Sec.  9.  No  privilege  to  witness  in  election  trial. — In  trials  of  con- 
tested elections,  and  for  offenses  arising  under  the  election  law,  no  per- 


24  ELECTION  LAWS 

son  shall  be  permitted  to  withhold  his  testimony  on  the  ground  that  it 
may  criminate  himself,  or  subject  him  to  public  infamy;  but  such  testi- 
mony shall  not  be  used  against  him  in  any  judicial  proceeding,  except  for 
perjury  in  giving  such  testimony. 

1.     This  section  referred   to   in  People  vs.  Turpin,   49   Colo.,   234,   243. 

Sec.  10.  Disfranchisement  during  imprisonment. — No  person  while 
confined  in  any  public  prison  shall  be  entitled  to  vote;  but  every  such 
person  who  was  a  qualified  elector  prior  to  such  imprisonment,  and  who 
is  released  therefrom  by  virtue  of  a  pardon,  or  by  virtue  of  having  served 
out  his  full  term  of  imprisonment,  shall,  without  further  action,  be  in- 
vested with  all  the  rights  of  citizenship,  except  as  otherwise  provided  in 
this  constitution. 

1.  This  section   referred  to  in   Trackman   vs.   People,   22   Colo.,    83. 

2.  In  a  proceeding  to  disbar  an  attorney  on  the  ground  that  he  had  been 
convicted  of  crime  the  fact  that  he  had  paid  his  fine  was  no  defense  to  the 
action.  The  right  to  practice  law  is  not  a  right  of  citizenship,  and  even 
though  a  party  convicted  of  crime  be  restored  to  his  rights  of  citizenship  by 
paying  the  penalty,  he  is  not  thereby  restored  to  the  right  to  practice  law. 
People  vs.  Webber,   26  Colo.,  229. 

Sec.  11.  Purity  of  elections. — The  general  assembly  shall  pass  laws 
to  secure  the  purity  of  elections,  and  guard  against  abuses  of  the  elective 
franchise. 

1.  This  section  referred  to  in  People  vs.  District  Court.  18  Colo..   26,  37. 

2.  Under  this  section,  the  legislature  may  delegate  to  the  State  Central 
Committee  the  exclusive  power  to  decide  controversies  concerning  the  regu- 
larity of  political  organizations.  People  ex  rel.  Lowry  vs.  District  Court, 
32   Colo.,    15.    21. 

3.  This  section  referred  to  in  William  vs.  People,  38  Colo.,   497,  505. 

4.  Registration  laws  enacted  in  compliance  with  Section  11,  Article  VII, 
Colorado  Constitution,  requiring  the  legislature  to  pass  laws  to  secure  the 
purity  of  elections,  should  be  construed  to  effectuate  the  intent  and  purpose 
of  such   constitutional   requirement.      People   vs.   Earl,    42    Colo.,    238. 

5.  Section  11,  Article  VII,  Colorado  Constitution,  commands  the  legisla- 
ture "to  pass  laws  to  secure  the  purity  of  elections,  and  guard  against  abuses 
of  the  elective  franchise."  Held,  that  laws  enacted  in  response  to  the  above 
mandate  do  not  relate  to  subjects  pertaining  to  local  self-government  or 
municipal  affairs,  and  such  laws  are  not  within  the  contemplation  of  the 
constitution.  Section  13,  Article  XIV,  requiring  the  general  assembly  to  pro- 
vide, by  general  laws,  for  the  organization  and  classification  of  cities.  People 
vs.  Earl,   42   Colo.,    238,   240. 

6.  The  constitution  (Section  11,  Article  VII)  requires  the  general  assem- 
bly to  pass  laws  to  secure  the  purity  of  elections.  It  imposes  this  particular 
duty  upon  the  general  assembly,  and  not  upon  any  municipality;  and  this 
duty  the  state  cannot  perform  if  exclusive  power  to  regulate  and  control 
municipal  elections  is,  by  Article  XX,  vested  in  the  people  of  the  municipality 
of  Denver.     Mauff  vs.   People,   52   Colo.,   562. 

7.  This  section  referred  to  in  Fish  vs.  Kugel,  63   Colo.,   101,   103. 

8.  The  county  court  has  no  jurisdiction  to  try  a  franchise  election  con- 
test. Booth  vs.  County  Court,  18  Colo.,  561,  563;  Williams  vs.  People,  38 
Colo.,  497,   505. 

Sec.  12.  Election  contests — By  whom  tried. — The  general  assembly 
shall,  by  general  law,  designate  the  courts  and  judges  by  whom  the  sev- 
eral classes  of  election  contests,  not  herein  provided  for,  shall  be  tried, 
and  regulate  the  manner  of  trial,  and  all  matters  incident  thereto,  but  no 
such  law  shall  apply  to  any  contest  arising  out  of  an  election  held  before 
its  passage. 

1.  The  City  of  Denver  was  incorporated  by  a  special  charter  prior  to 
the  adoption  of  the  state  constitution;  its  people  have  not  elected  to  abandon 
such  charter  and  incorporate  under  the  general  law;  the  charter  therefore 
remains  in  force;  changes  in  or  amendments  of  the  charter  are  obnoxious  to 
the  constitutional  inhibition  against  local  or  special  legislation.  Darrow 
vs.   People,    8  Colo..   426. 

2.  Special  proceedings  for  contesting  the  election  of  municipal  officers 
are  favored  by  both  the  constitution  and  the  statute.  It  is  not  to  be  pre- 
sumed that  the  legislature  would  knowingly  withhold  obedience  to  the  consti- 
tution.    County   Court   vs.   Schwarz,    13   Colo.,    291. 


ELECTION  LAWS  25 

3.  See   notes    2,    3,    4.    5   under   Section   8,    supra. 

4.  This  section  referred  to  in  Heinssen  vs.  State,  14  Colo.,  228,  250. 

5.  This  section  referred  to  in  Williams  vs.  People,  38  Colo..  497,  505. 

7.  Section  12  of  Article  VII  of  the  Constitution  relates  to  contests 
between  candidates  of  public  office,  and  is  not  a  limitation  upon  the  equity 
powers  granted  to  the  district  court  by  Section  11  of  Article  VI,  nor  upon 
the  power  of  the  legislature  to  make  statutory  provision  of  the  contest  of 
other  elections  than  those  specifically  mentioned  in  the  constitution.  Pagosa 
Springs  vs.  People,   23  C.  A.,   479. 

ARTICLE   IX.— EDUCATION. 

Sec.  12.  Regents  of  university — Election. — There  shall  be  elected  by 
the  qualified  electors  of  the  state,  at  the  first  general  election  und^r  this 
constitution,  six  regents  of  the  university,  who  shall  immediately  after 
their  election  be  so  classified  by  lot,  that  two  shall  hold  their  office  for  the 
term  of  two  years,  two  for  four  years  and  two  for  six  years;  and  every 
two  years  after  the  first  election  there  shall  be  elected  two  regents  of 
the  university,  whose  terms  of  office  shall  be  six  years.  The  regents  thus 
elected,  and  their  successors,  shall  constitute  a  body  corporate  to  be 
known  by  the  name  and  style  of  "The  Regents  of  the  University  of  Colo- 
rado." 

1.  This  section  referred  to  in  considering  the  question  as  to  whether 
the  State  University  could  mlaintain  a  medical  department  in  Denver  or  not. 
People   vs.    Regents,    24    Colo.,    175,    176. 

2.  This  section  referred  to  in  Inheritance  Tax  Macky  Estate,  46  Colo., 
79,    95. 

Sec.  15.  School  districts — Board  of  education. — The  general  assem- 
bly shall,  by  law,  provide  for  organization  of  school  districts  of  con- 
venient size,  in  each  of  which  shall  be  established  a  board  of  education, 
to  consist  of  three  or  more  directors  to  be  elected  by  the  qualified 
electors  of  the  district.  Said  directors  shall  have  control  of  instruction 
in  the  public  schools  of  their  respective  districts. 

1.  This  section  referred  to  in  re  Kindergarten  Schools,  18  Colo.,  234,  235. 

2.  The  election  of  directors  to  a  high  school  district  under  chapter  C, 
Laws  of  1900,  is  valid.     Kyle  vs.  Abernathy,  46  Colo.,  214. 

3.  When  a  statute  is  in  substantial  conformity  with  the  law  of  the 
territory  in  force  at  the  time  of  the  admission  of  the  state,  and  with  the 
legislation  of  the  state  ever  since,  and  to  declare  it  invalid  would  leave  the 
high  school  districts  without  funds  or  control,  greater  weight  than  in  ordi- 
nary cases  will  be  accorded  to  the  legislative  interpretation  provision  of 
the  constitution.     Kyle  vs.  Abernathy,   46  Colo.,   214. 

4.  A  statute  authorizing  the  levy  upon  all  the  properties  within  the 
county  of  a  tax  for  the  support  of  a  high  school  organized  in  the  school 
district,  including  the  county  seat  (Laws  1909,  c.  170,  Sec.  16),  is  opposed 
both  to  the  letter  and  spirit  of  Section  15  of  Article  IX  of  the  Constitution. 
Belier  vs.   Wilson,    59    Colo.,   96. 

5.  Laws  authorizing  a  tax  are  to  be  strictly  construed.  The  exaction 
of  money  from  those  who  have  no  voice  in  determining  how  it  shall  be 
expended  is  not  to  be  tolerated.     Belier  vs.  Wilson,  59  Colo.,   96. 

6.  Section  15  of  Article  IX  of  the  Constitution  vests  in  the  directors 
of  every  school  district  control  of  the  instruction  of  the  youth  of  that  district 
in  the  public  schools.     School  Dist.  vs.  High  School  Dist.,  60  Colo.,   292. 

7.  The  provisions  of  subdivision  15  of  Section  5925  of  the  Revised 
Statutes,  as  amended  by  c.  202  of  the  Acts  of  1909,  for  the  admission  of  a 
child  of  one  district  to  the  high  school  of  another,  at  the  cost  of  the  first, 
is  at  war  with  this  provision  of  the  Constitution.  School  Dist.  vs.  High 
School  Dist.,   60   Colo.,   292. 

ARTICLE  XII— OFFICERS. 

Section  1.  When  office  expires — Suspensions. — Every  person  holding 
any  civil  office  under  the  state  or  any  municipality  therein,  shall,  unless 
removed  according  to  law,  exercise  the  duties  of  such  office  until  his  suc- 
cessor is  duly  qualified;  but  this  shall  not  apply  to  members  of  the  gen- 
eral assembly,  nor  to  members  of  any  board  or  assembly,  two  or  more  of 
whom  are  elected  at  the  same  time.  The  general  assembly  may,  by  law, 
provide  for  suspending  any  officer  in  his  functions  pending  impeachment 
or  prosecution  for  misconduct  in  office. 

1.  A  county  judge  is  by  this  Article  authorized  to  hold  and  exercise  the 
duties  of  his  office  until  his  successor  is  qualified.  People  vs.  Boughton, 
5   Colo.,   490. 


26  ELECTION  LAWS 

2.  Under  the  constitution  the  official  acts  of  a  county  commissioner 
whose  term  of  office  has  expired,  but  whose  successor  has  not  been  qualified 
are  valid.     People  ex  rel.  Williams  vs.  Raid.  11  Colo.,  138. 

3".  Where  a  candidate  for  mayor  is  by  the  proper  authority  declared 
elected,  files  his  oath  of  office  and  enters  upon  the  discharge  of  his  official 
duties  without  objection  from  the  outgoing  mayor,  and  is  subsequently  ousted 
in  a  quo  warranto  proceeding  to  which  his  predecessor  is  not  a  party,  it  is 
not  material  error  for  the  court  pronouncing  the  judgment  of  ouster  to  direct 
that  the  office  be  turned  over  to  the  president  of  the  board  of  supervisors, 
who  is  named  by  statute  as  the  successor  in  case  of  a  vacancy;  although  the 
constitution  provides  that  the  incum^bents  of  municipal  offices,  unless  removed 
according  to  law,  shall  exercise  the  duties  connected  therewith  until  theiij 
successors  are  "duly  qualified."  Londoner  vs.  People  ex  rel.  Barton,  15 
Colo..    557. 

4.  Instance  of  state  treasurer  holding  over  under  this  section  until 
his  successor  qualified  at  the  close  of  day  when  the  term  properly  com- 
menced.    Carlile  vs.  Henderson,  17  Colo.,  523,  533. 

5.  The  words  "according  to  law"  in  this  section  mean  that  such  officers 
shall  be  removed  as  provided  by  the  constitution  or  statute  law.  The  phrase 
does  not  warrant  the  deduction  tha,t  before  the  provision  can  be  operative 
the  legislature  must  prescribe  the  procedure  leading  up  to  a  judgment  or* 
removal.     Trimble  vs.  People  19,  Colo.,  187,   194. 

6.  Under  the  constitution  and  statutes  a  city  attorney  holds  his  office 
until  his  successor  is  duly  qualified.     People  vs.  Herring,   30  Colo.,   445. 

7.  Where  a  city  had  five  hold-over  aldermen,  and  under  the  act  (Session 
Laws  1901,  page  384)  three  of  such  hold-over  aldermen  proceeded  to  elect 
the  city  officers  whose  terms  expired  April,  1902,  and  elected  relator  as  city 
attorney,  and  the  mayor  and  the  other  two  hold-over  aldermen  also  proceeded 
to  fill  vacancies  in  offices  and  re-elected  respondent  who  had  filled  the  office 
of  city  attorney  for  the  past  two  years,  relator's  election  not  being  a  majority 
of  all  the  members  of  the  city  council  was  invalid,  and  conceding  that  respon- 
dent's re-election  was  invalid  for  the  same  reason,  as  no  successor  had  been 
chosen  respondent  was  entitled  to  hold  the  office  under  his  former  election. 
People  vs.  Herring,   30  Colo.,   445. 

8.  One  appointed  to  fill  the  vacant  and  unexpired  term  of  a  public  office 
holds  precisely  as  his  predecessor  would  have  done  had  the  vacancy  not 
occurred.     The  People  ex  rel.  Callaway  vs.  De  Quelle,  47  Colo.,  13. 

9.  Before  the  canvass  of  the  vote,  the  person  chosen  to  the  office  of 
lieutenant  governor  at  the  election  held  in  November,  A.  D.  1912,  departed 
this  life.  The  person  chosen  to  the  same  office  at  the  previous  biennial 
election  was  assuming  to  hold  over,  and  preside  in  the  sessions  of  the  senate, 
though  the  senate,  under  Section  10  of  Article  V  of  the  Constitution  had 
elected  a  president  i«ro  tern.  The  senate  having  propounded  to  the  court  ques- 
tion as  to  the  right  of  this  person  to  so  hold  over,  under  the  provisions  of 
the  constitution.  Held,  tha;t  inasmuch  as  the  officer  so  assuming  to  hold  over 
was  unquestionably  an  officer  de  facto,  and  his  acts  as  such  necessarily  valid, 
the  question  was  not  one  of  sufficient  importance  or  solemnity  to  demand 
the  expression  of  an  opinion  by  the  court.  In  re  Interrogatories  of  Senate, 
54  Colo..  166. 

10.  Under  Section  10  of  the  Civil  Service  Act  of  1907  (Law  1907,  c.  117), 
as  amended  by  the  initiated  act  of  January  22,  1913,  one  appointed  in  1911  to 
the  office  of  state  game  and  fish  commissioner,  and  who  had  declined  to 
submit  to  an  examination  held  by  the  civil  service  commission  in  December, 
1913,  was  not  entitled  to  retain  the  office,  as  against  one  who,  having  passed 
the  examjination,  had  been  appointed  thereto  and  qualified  therein.  Shinn 
vs.  People,  59  Colo.,  509. 

11.  Section  1  of  Article  XII  of  the  Constitution  was  intended  to  prevent 
the   interruption  of  public  business,   from  a  vacancy  in  a  public  office. 

The  courts  will  not,  except  in  clear  cases,  so  interpret  a  statute  as  to 
defeat  this  purpose. 

Where  not  controlled  by  a  statute  to  the  contrary,  the  courts  will  not 
recognize  the  right  to  resign  an  office,  where  a  vacancy  will  be  produced. 
Clark   vs.    DuVall,    61    Colo.,    76. 

12.  Chapter  55  of  the  Laws  of  1913  had  not  the  effect  to  remove  from 
their  ex-officio  capacity  as  public  trustees,  the  treasurers  of  the  counties 
transferred  from  the  third  to  the  second  class,  but  only  authorized  the  gov- 
ernor to  appoint  a  public  trustee  in  each  of  such  counties,  Clark  vs,  DuVall, 
61    Colo.,    76. 

13.  The  county  clerk  elect,  dying  before  qualification,  a  vacancy  in  the 
office  occurs  on  the  expiration  of  the  term  of  the  then  incumbent,  to  be  filled 
by  appointment  of  the  county  commissioners.  Gibbs  vs.  The  People.  66 
Colo..    414. 

14.  This  section  of  the  constitution  authorizes  the  mayor  of  a  municipal 
corporation  is  an  officer  who  is  entitled  "unless  removed  according  to  law, 
to  exercise  the  duties  of  his  office  is  duly  qualified."  Board  of  Trustees,  Town 
of  Gillette  vs.  People  ex  rel.  Keith,  13  0.  A.,  553,  560, 

Sec.  2,  Personal  attention  required. — No  person  shall  hold  any  office 
or  employment  of  trust  or  profit,  under  the  laws  of  the  state  or  any 
ordinance  of  any  municipality  therein,  without  devoting  his  personal 
attention  to  the  duties  of  the  same. 


ELECTION  LAWS  27 

1.  The  facts  in  this  case  are  held  not  to  constitute  an  abandonment  or 
forfeiture  of  the  office  of  district  judge  under  Section  2,  Article  XII  of  thQ 
Constitution,  which  provides  that  no  person  shall  hold  any  office  or  employ- 
ment of  trust  or  profit  under  the  laws  of  this  state,  without  devoting  his 
personal  attention  to  its  duties,  although  defendant  on  the  advice  of  physi- 
cians had  been  for  some  time  living  outside  of  his  district  as  much  as  possible. 
People  vs.  Owers,   29  Colo.,   535. 

Sec.  3.  Defaulting  collector  disqualified  from  office. — No  person  who 
Is  now  or  who  hereafter  may  become  a  collector  or  receiver  of  public 
money,  or  the  deputy  or  assistant  of  such  collector  or  receiver,  and  who 
shall  have  become  a  defaulter  in  his  office,  shall  be  eligible  to  or  assume 
the  duties  of  any  office  of  trust  or  profit  in  this  state,  under  the  laws 
thereof,  or  of  any  municipality  therein,  until  he  shall  have  accounted  for 
and  paid  over  all  public  money  for  which  he  may  be  accountable. 

Sec.  4.  Embezzlement  disqualifies  from  office. — No  person  hereafter 
convicted  of  embezzlement  of  public  moneys,  bribery,  perjury,  solicitation 
of  bribery,  or  subornation  of  perjury,  shall  be  eligible  to  the  general 
assembly,  or  capable  of  holding  any  office  of  trust  or  profit  in  this  state. 

Sec.  5.  Investigation  of  state  and  county  treasurers. — The  district 
court  of  each  county  shall,  at  each  term  thereof,  specially  give  in  charge 
to  the  grand  jury,  if  there  be  one,  the  laws  regulating  the  accountability 
of  the  county  treasurer,  and  shall  appoint  a  committee  of  such  grand 
jury,  or  of  other  reputable  persons  not  exceeding  five,  to  investigate  the 
official  accounts  and  affairs  of  the  treasurer  of  such  county,  and  report 
to  the  court  the  condition  thereof.  The  judge  of  the  district  court  may 
appoint  a  like  committee  in  vacation  at  any  time,  but  not  oftener  than 
once  in  every  three  months.  The  district  court  of  the  county  wherein 
the  seat  of  government  may  be  shall  have  the  like  power  to  appoint  com- 
mittees to  investigate  the  official  accounts  and  affairs  of  the  state  treas- 
urer and  the  auditor  of  state. 

Sec.  6.  Bribery  of  officers  defined. — Any  civil  officer  or  member  of 
the  general  assembly  who  shall  solicit,  demand  or  receive,  or  consent  to 
receive,  directly  or  indirectly,  for  himself  or  for  another,  from  any  com- 
pany, corporation  or  person,  any  money,  office,  appointment,  employment, 
testimonial,  reward,  thing  of  value  or  enjoyment  or  of  personal  advan- 
tage or  promise  thereof,  for  his  vote,  official  influence  or  action,  or  for 
withholding  the  same,  or  with  an  understanding  that  his  official  influence 
or  action  shall  be  in  any  way  influenced  thereby,  or  who  shall  solicit  or 
demand  any  such  money  or  advantage,  matter  or  thing  aforesaid  for 
another,  as  the  consideration  of  his  vote,  official  influence  or  action, 
or  for  withholding  the  same,  or  shall  give  or  withhold  his  vote,  official 
influence  or  action,  in  consideration  of  the  payment  or  promise  of  such 
money,  advantage,  matter  or  thing  to  another,  shall  be  held  guilty  of 
bribery,  or  solicitation  of  bribery,  as  the  case  may  be,  within  the  mean- 
ing of  this  constitution,  and  shall  incur  the  disabilities  provided  thereby 
for  such  offense,  and  such  additional  punishment  as  is  or  shall  be  pre- 
scribed by  law. 

1,  The  supreme  court  has  no  jurisdiction  to  entertain  any  information 
in  the  nature  of  quo  warranto,  brought  pursuant  to  this  section,  and  charg- 
ing a  district  judge  of  the  state  with  having  committed  since  his  induction 
into  office  some  of  the  offenses  mentioned  in  this  section.  People  vs.  Goddard, 
8  Colo.,  462,  463. 

Sec.  7.  Oath  of  members  of  general  assembly. — Every  member  of 
the  general  assembly  shall  before  he  enters  upon  his  official  duties  take 
an  oath  or  affirmation  to  support  the  constitution  of  the  United  States 
and  the  state  of  Colorado,  and  to  faithfully  perform  the  duties  of  his 
office  according  to  the  best  of  his  ability.  This  oath  or  affirmation  shall 
be  administered  in  the  hall  of  the  house  to  which  the  member  shall  have 
been  elected. 

Sec.  8.  Oath  of  civil  officers. — Every  civil  officer,  except  members  of 
the  general  assembly  and  such  inferior  officers  as  may  be  by  law  ex- 


28  ELECTION  LAWS 

empted,  shall,  before  he  enters  upon  the  duties  of  his  office,  take  and 
subscribe  an  oath  or  affirmation  to  support  the  constitution  of  the  United 
States  and  of  the  state  of  Colorado,  and  to  faithfully  perform  the  duties 
of  the  office  upon  which  he  shall  be  about  to  enter. 

1.  A  district  court  of  the  state  is  bound  by  the  mandate  of  the  Federal 
Constitution  (Article  VI,  Par.  2)  to  apply  that  instrument  upon  all  proper 
occasions  and  hold  it  to  be  the  supreme  law  of  the  land,  and  to  determine 
whether  or  not  state  legislative  acts  violate  it.  notwithstanding  Constitution 
Article  VI,  Section  1  (See  Laws,  1913,  p.  678),  providing  that  no  court  except 
the  supreme  court  shall  have  any  power  to  declare  any  law  of  the  state  in 
violation  of  the  constitution  of  the  state  or  of  the  United  States,  in  view 
of  Constitution  Article  XII,  Section  8.  People  vs.  Western  Union  Telegraph 
Co.,    198   Pac,    146. 

2.  The  limit  of  a  court's  jurisdiction  under  a  written  constitution  can- 
not be  determ\ined  until  the  court  first  ascertains  what  is  and  what  is  not 
that  constitution,  and  it  was  error  for  district  court  to  determine  that 
it  could  not  act  at  all  on  a  constitutional  question,  in  that  the  state  and 
federal  constitutions  were  in  direct  conflict  as  to  the  power  and  duty  of  the 
court  in  the  matter,  in  that  his  oath  of  office  required  him  to  uphold  both 
constitutions.     People  vs.   Max,    198    Pac,    150, 

Sec.  9.  Oaths — Where  filed. — Officers  of  the  executive  department 
and  judges  of  the  supreme  and  district  courts,  and  district  attorneys,  shall 
file  their  oaths  of  office  with  the  secretary  of  state;  every  other  officer 
shall  file  his  oath  of  office  with  the  county  clerk  of  the  county  wherein 
he  shall  have  been  elected. 

Sec.  10.  Refusal  to  qualify — Vacancy. — If  any  person  elected  or  ap- 
pointed to  any  office  shall  refuse  or  neglect  to  qualify  therein  within  the 
time  prescribed  by  law,  such  office  shall  be  deemed  vacant. 

1.  The  provisions  of  Section  9  of  Article  XIV  of  the  Constitution  are 
limited  by  Sections  10  and  11  of  Article  XII.  One  elected  to  a  public 
ofl^ce  has  a  contingent  or  inchoate  right  which  becomes  absolute  upon  qualifi- 
cation. No  one  else  can  enter  into  the  office  during  the  term  for  which 
another  is  elected,  until  the  officer  elected  is  ousted,  or  his  right  terminated, 
which  can  never  occur  until  the  day  appointed  by  law  for  the  commence- 
ment of  his  term.  If  at  that  date  he  has  failed  to  qualify,  the  office  is  vacant. 
Therefore,  where  the  sheriff  incumbent  was  re-elected,  but  failed  to  qualify 
for  the  second  term,  and  died  before  his  first  term  expired,  one  appointed 
by  the  board,  of  county  commissioners  to  the  vacancy,  held  only  to  the 
second  Tuesday  for  the  succeeding  January,  the  day  appointed  by  law  for 
the  commencement  of  the  second  term,  of  his  predecessor,  even  though  by 
express  terms,  his  appointment  was  "until  the  next  general  election;"  that 
upon  the  second  Tuesday  of  the  succeeding  January  there  was  a  vacancy, 
and  one  then  appointed  by  the  county  commissioners  to  fi-11  it  was  entitled 
to  the  ofllce  until  the  next  general  election.  People  vs.  De  Quelle,  47 
Colo.,   13. 

2.  See  note  9   under   Section  1,   supra. 

3.  See  note  13   under  Section  1,  supra. 

Sec.  11.  Vacancy — Term  of  officer  elected  to  fill. — The  term  of  office 
of  any  officer  elected  to  fill  a  vacancy  shall  terminate  at  the  expiration  of 
the  term  during  which  the  vacancy  occurred. 

1.     See  note  1  under   Section  10,   supra. 

Sec.  12.  Duel — Disqualifies  for  office. — No  person  who  shall  hereafter 
fight  a  duel,  or  assist  in  the  same  as  a  second,  or  send,  accept  or  know- 
ingly carry  a  challenge  therefor,  or  agree  to  go  out  of  the  state  to  fight  a 
duel,  shall  hold  any  office  in  the  state. 

ARTICLE  XIII— IMPEACHMENTS. 

Section  1.  House  impeach — Senate  try — Conviction — When  chief 
Justice  preside. — The  house  of  representatives  shall  have  the  sole  power 
of  Impeachment.  The  concurrence  of  a  majority  of  all  the  members 
shall  be  necessary  to  an  impeachment.  All  impeachments  shall  be  tried 
by  the  senate,  and  when  sitting  for  that  purpose,  the  senators  shall  be 
upon  oath  or  affirmation  to  do  justice  according  to  law  and  evidence. 
When  the  governor  or  lieutenant  governor  is  on  trial,  the  chief  justice  of 
the  supreme  court  shall  preside.  No  person  shall  be  convicted  without  a 
concurrence  of  two-thirds  of  the  senators  elected. 


ELECTION  LAWS  29 

Sec.  2.  Who  liable  to  Impeachment — Judgment — No  bar  to  prosecu- 
tion.— The  governor  and  other  state  and  judicial  officers,  except  county 
judges  and  justices  of  the  peace,  shall  be  liable  to  impeachment  for  high 
crimes  or  misdemeanors,  or  malfeasance  in  office,  but  judgment  in  such 
cases  shall  only  extend  to  removal  from  office  and  disqualification  to  hold 
any  office  of  honor,  trust  or  profit  in  the  state.  The  party,  whether  con- 
victed or  acquitted,  shall,  nevertheless,  be  liable  to  prosecution,  trial, 
judgment  and  punishment  according  to  law. 

The  speaker  of  the  house  of  representatives  is  not  a  state  officer,  and 
is  not  liable  to  removal  by  Impeachment.     In  re  Speakership,    15  Colo.,   520. 

Sec.  3.  Officers  not  subject  to  impeachment  subject  to  removal. — 
All  officers  not  liable  to  impeachment  shall  be  subject  to  removal  for 
misconduct  or  malfeasance  in  office  in  such  manner  as  may  be  provided 
by  law. 

1.  The  house  of  representatives  has  the  power,  by  a  vote  of  the  majority 
of  the  whole  number  of  mem,bers  elected,  to  remove  its  speaker  from  office 
and  to  elect  another  in  his  stead.     In  re   Speakership,    15   Colo.,   520. 

2.  The  governor  has  the  power  to  remove  a  member  of  the  Are  and  police 
board  of  the  City  of  Denver  from  his  office,  for  cause,  of  the  sufficiency  of 
which  cause  the  judgment  of  the  executive  is  conclusive,  provided  it  be 
stated  in  writing  and  be  other  than  political.  Trimble  vs.  People,  19 
Colo..    187. 

3.  The  legislature,  having  power  to  create  an  office,  has  power  to  pro- 
vide the  manner  in  which  it  shall  be  filled,  and  like  power  to  provide  for 
removals.     Trimble  vs.   People,   19  Colo.,    187. 

4.  The  existence  of  the  cause  for  which  the  governor  may  remove  a  fire 
and  police  commissioner  may  be  ascertained  in  any  manner  satisfactory  to 
himself.  The  institution  of  an  investigation  in  the  nature  of  a  judicial  or 
quasi- judicial  proceeding  is  not  required  by  the  statute  relating  to  that  office. 
Trimble  vs.  People,   19  Colo.,   187. 

5.  This  section  referred  to  in  an  action  by  the  mayor  against  the  board 
of  trustees  for  attempting  to  remove  him  from  office.  Board  of  Trustees 
Town  of  Gillette  vs.  People  ex  rel  Keith,   13  C.  A.,   553,   560. 

6.  The  phrase  "as  may  be  provided  by  law,"  in  Section  3  of  Article  XIII 
of  the  Constitution,  when  applied  to  an  elective  officer  whose  term  is  definitely 
fixed,  refers  only  to  a  statute  or  a  provision  of  the  constitution.  Burkholder 
vs.  People,    59   Colo.,    99. 

7.  Where  a  statute  provides  that  the  conviction  of  a  public  officer  of 
specified  offenses  shall  "work  a  forfeiture  of  his  office,"  nothing  but  a  convic- 
tion, in  the  absence  of  other  statutory  provisions,  effects  such  removal.  Burk- 
holder vs.  People,  59  Colo.,  99. 

8.  An  officer  of  an  irrigation  district  is  not  to  be  excluded  from  his 
office  for  the  offenses  denounced  in  Revised  Statutes,  Section  3466,  until  con- 
viction thereof.  The  commission  of  the  offense,  without  conviction,  has  not 
this    effect.      Burkholder   vs.    People,    59    Colo..    100. 


ARTICLE  XIV— COUNTIES. 

Sec.  2.  Removal  of  county  seats. — The  general  assembly  shall  have 
no  power  to  remove  the  county  seat  of  any  county,  but  the  removal  of 
county  seats  shall  be  provided  for  by  general  law,  and  no  county  seat 
shall  be  removed  unless  a  majority  of  the  qualified  electors  of  the  county, 
voting  upon  the  proposition  at  a  general  election,  vote  therefor;  and  no 
such  proposition  shall  be  submitted  oftener  than  once  in  four  years,  and 
no  person  shall  vote  on  such  proposition  who  shall  not  have  resided  in  the 
county  six  months  and  in  the  election  precinct  ninety  days  next  preced- 
ing such  election. 

1.  The  removal  of  county  seats  is  a  subject  over  which  the  law-making 
power  has  plenary  jurisdiction  and  control.  In  the  absence  of  constitutional 
restrictions,  a  removal  could  be  authorizeed  upon  any  vote,  great  or  small, 
which  that  body  deemed  advisable.     Alexander  vs.  People,  7  Colo.,   155. 

2.  When  the  lowest  limit  only  is  fixed  in  the  fundamental  law,  the  legis- 
lature may  act  without  restraint  in  the  ascending  scale,  and,  having  fixed  in 
the  statute  the  vote  which  shall  be  required,  it  becomes  the  paramount  law, 
and  nothing  is  left  for  implication.     Alexander  vs.  People,  7  Colo.,   155. 

3.  That  part  of  the  act  of  1891  (Session  Laws  1891,  page  117),  providing 
for  elections  for  removal  of  county  seats,  which  limits  the  right  to  vote  on 
the  question  to  resident  taxpayers  of  the  county  is  in  contravention  of 
Section  2,  Article  XIV,  of  the  Constitution  which  prescribes  the  qualification 
of  electors  to  vote  upon  the  question  of  removal   of  county  seats  and   only 


30  ELECTION  LAWS 

limits  the  right  to  qualified  electors  who  have  resided  in  the  county  six 
months  and  in  the  election  precinct  ninety  days  next  preceding  such  election. 
4.  In  view  of  Section  2,  Article  XIV,  and .  Section  1  of  Article  VII  of 
the  Constitution,  whether  the  same  rule  as  to  residence  should  be  adopted  in 
elections  for  the  location  of  a  county  seat,  as  in  one  for  the  removal  of  a 
county  seat  is  a  question  for  the  legislature.  The  provisions  of  the  act  of 
1881,  as  to  this  matter  are  within  the  legislative  power.  Sugar  City  vs.  Com- 
missioners,   57    Colo.,    432. 

Sec.  3.  County — Striking  off — Vote. — No  part  of  the  territory  of  any 
county  shall  be  stricken  off  and  added  to  an  adjoining  county,  without 
first  submitting  the  question  to  the  qualified  voters  of  the  county  from 
which  the  territory  is  proposed  to  be  stricken  off;  nor  unless  a  majority 
of  all  the  qualified  voters  of  said  county  voting  on  the  question  shall  vote 
therefor. 

1.  Section  3,  Article  XIV,  of  the  Constitution,  which  provides  that  "no 
part  of  the  territory  of  any  county  shall  be  stricken  off,  and  added  to  an 
adjoining  county  without  first  submitting  the  question  to  the  qualified  voters 
of  the  county  from  which  the  territory  is  proposed  to  be  stricken  ofC,  nor 
unless  a  majority  of  all  the  qualified  voters  of  said  county,  voting  on  the 
question,  shall  vote  therefor,"  does  not  restrict  the  power  of  the  legislature 
to  create  new  counties  from  territory  embraced  in  one  or  more  existing 
counties.     Frost  vs.  PfeifCer,  26  Colo.,  339. 

Sec.  6.  County  commissioners — Election — Term. — In  each  county 
having  a  population  of  less  than  seventy  thousand  there  shall  be  elected, 
for  a  term  of  four  years  each,  three  county  commissioners  who  shall  hold 
sessions  for  the  transaction  of  county  business  as  provided  by  law;  any 
two  of  whom  shall  constitute  a  quorum  for  the  transaction  of  business. 
Two  of  said  commissioners  shall  be  elected  at  the  general  election  in  the 
year  nineteen  hundred  and  four,  and  at  the  general  election  every  four 
years  thereafter;  and  the  other  one  of  said  commissioners  shall  be  elected 
at  the  general  election  in  the  year  nineteen  hundred  and  six,  and  at  the 
general  election  every  four  years  thereafter;  Provided,  That  when  the 
population  of  any  county  shall  equal  or  exceed  seventy  thousand,  the 
board  of  county  commissioners  may  consist  of  five  members,  any  three 
of  whom  shall  constitute  a  quorum  for  the  transaction  of  business.  Three 
of  said  commissioners  in  said  county  shall  be  elected  at  the  general  elec- 
tion in  the  year  nineteen  hundred  and  four,  and  at  the  general  election 
every  four  years  thereafter  and  the  other  two  of  said  commissioners  In 
such  county  shall  be  elected  at  the  general  election  in  the  year  nineteen 
hundred  and  six  and  every  four  years  thereafter;  and  all  of  such  com- 
missioners shall  be  elected  for  the  term  of  four  years. 

The  term  of  office  of  the  county  commissioners  in  each  county  that 
expires  in  January,  1904,  is  hereby  extended  to  the  second  Tuesday  in 
January,  A.  D.  1905,  and  the  term  of  office  of  the  county  commissioners 
that  expires  in  January,  1906,  is  hereby  extended  to  the  second  Tuesday 
in  January,  A.  D.  1907;  and  in  counties  having  a  population  of  more  than 
seventy  thousand,  the  term  of  office  of  the  commissioners  that  expire  in 
1904  shall  be  extended  to  the  second  Tuesday  in  January,  1905,  and  the 
term  of  office  of  the  county  commissioners  that  expire  in  1906  is  hereby 
extended  to  the  second  Tuesday  in  January,  1907.  This  section  shall 
govern  except  as  hereinafter  otherwise  expressly  directed  or  permitted 
by  constitutional  enactment. 

[Amended  section  as  proposed  by  L.  '01,  p.  112.  Adopted  November  4, 
1902.] 

1.  County   authorities   exercise  no   power   that   is   not   conferred   by   the 
constitution  or  the  legislature.     Any  question  by  them  not  thus   sanctioned  . 
is   ultra  vires  and  void.     People  vs.   May,    9   Colo.,   408. 

2.  The  amendment  of  Section  6,  Article  XIV,  of  the  Constitution,  by 
which  the  number  of  commissioners  in  counties  having  less  than  seventy 
thousand  population  was  limited  to  three,  does  not  contemplate  the  removal 
from  office  of  two  commissioners  in  counties  having  five,  but  will  result 
in  the  gradual  reduction  of  the  number  to  three  as  their  terms  of  office 
expire  and  no  provision  is  made  for  the  election  of  their  successors,  as  the 
amendment  provides  for  the  election,  of  two  commissioners  in  1904  and  every 
four  years  thereafter,  and  one  in  1906  and  every  four  years  thereafter.  People 
vs.   Long,   32   Colo.,    486. 


ELECTION  LAWS  31 

3.  The  amendment  of  Section  6,  Article  XIV  of  the  Constitution,  adopted 
at  the  general  election  in  1902,  by  which  the  number  of  commissioners  in 
counties  of  less,  than  seventy  thousand  population  was  limited  to  three, 
does  not  operate  to  prevent  commissioners  elected  at  that  election  in  counties 
of  less  than  seventy  thousand,  having  five  commissioners,  from  qualifying 
and  serving  out  their  terms.  Such  commissioners  are  entitled  to  serve  out 
their  term  which  by  the  amendment  is  extended  so  as  to  expire  January, 
1907,  instead  of  January,  1906.     People  vs.  Long,  32  Colo.,  486. 

4.  This  section  does  not  contemplate  that  two  county  commissioners 
shall  be  removed  from  office,  but  that  they  shall  serve  out  their  terms  and 
the  gradual  reduction  of  the  number  through  the  fact  that  no  successors  are 
elected.      Long   vs.    People,    33    Colo.,    159,    160. 

5.  Held,  that,  although  the  county  of  Arapahoe  had  five  county  com- 
missioners, and  the  City  and  County  of  Denver  is  the  only  other  county  in 
the  state  entitled  to  such  number,  still  the  latter  is  not  the  successor  of  the 
former,  but,  so  far  as  the  exercise  of  county  functions  is  concerned,  is  a 
new  county;  and  by  the  use  of  the  word  "may"  in  Section  6,  supra,  it  is 
optional  whether  the  City  and  County  of  Denver  shall  have  three  or  five 
commissioners;  and  the  members  of  the  board  of  county  commissioners  of 
Arapahoe  County  residing  within  the  City  and  County  of  Denver  are  not 
entitled  to  act  as  commissioners  of  the  latter  county,  but  their  terms  of 
office  terminated  in  accordance  with  the  provisions  of  Section  3,  Article  XX 
supra.,   p.   38.     Uzzell  vs.  Anderson,   38   Colo.,   33. 

6.  The  question  as  to  whether  or  not  the  board  of  county  commissioners 
is  composed  of  three  or  five  members  cannot  be  determined  in  an  injunction^ 
suit  to  restrain  two  members  from  acting.  Lawson  vs.  Hayes,  39  Colo.,  250,  253. 

7.  All  the  officials  designated  as  county  officers  are  enumerated  in 
Section  6  of  Article  XIV.  The  judge  of  the  county  court  is  not  of  the  num- 
ber and  considering  the  provisions  of  Article  VI  it  is  manifest  that  the 
judge  of  the  county  court  is  no  more  an  officer  of  the  county  in  which  he 
exercises  judicial  functions  than  is  the  judge  of  the  district  court  an  officer 
of  the  district,  in  the  courts  where  he  presides.  Each  is  an  officer  of  the 
state.      Dixon    vs.    People,    53    Colo.,    528. 

Sec.  8.  County  officers — Election — Term — Salary. — There  shall  be 
elected  in  each  county,  at  the  same  time  at  which  members  of  the  gen- 
eral assembly  are  elected,  commencing  in  the  year  nineteen  hundred  and 
four,  one  county  clerk,  who  shall  be  ex  officio  recorder  of  deeds  and  clerk 
of  the  board  of  county  commissioners;  one  sheriff;  one  coroner;  one 
treasurer,  who  shall  be  collector  of  taxes;  one  county  superintendent  of 
schools;  one  county  surveyor;  one  county  assessor;  and  one  county 
attorney,  who  may  be  elected,  or  appointed,  as  shall  be  provided  by  law; 
and  such  officers  shall  be  paid  such  salary  or  compensation,  either  from 
the  fees,  perquisites  and  emoluments  of  their  respective  offices,  or  from 
the  general  county  fund,  as  may  be  provided  by  law.  The  term  of  office 
of  all  such  officials  that  expire  in  January,  1904,  is  hereby  extended  to  the 
second  Tuesday  in  January,  A.  D.  1905. 

This  section  shall  govern,  except  as  hereafter  otherwise  expressly 
directed,  or  permitted  by  constitutional  enactment'. 

[Amended  section  as  proposed  by  L.  '01,  p.  112.  Adopted  November  4, 
1902.] 

1.  An  assessor  is  to  be  elected  in  each  county  each  alternate  year. 
People   ex   rel.  Crawford  vs.   Lathrop,   3   Colo.,    643. 

2.  The  duty  of  assessing,  that  is,  valuing  property  for  taxation,  is 
vested  in  assessors.  They  are  constitutional  officers.  In  re  S.  B.  Nos.  69, 
106  and  H.   B.  No.  270,   as   to  taxing  Mines,   9  Colo.,   636. 

3.  Tlie  county  clerk  is  a  county  officer,  expressly  so  designated  in  the 
constitution,  and  as  such  he  is  embraced  in  that  portion  of  the  title  ta 
Section  1465  which  advises  us  that  the  act  is  one  "concerning  county  officers." 
Stockman   vs.   Brooks,    17  Colo.,   248,    250;   29  P.,   746. 

4.  Courts  should  not  compel  the  county  court  to  allow  the  use  of  the 
records  for  the  purpose  of  making  copies  and  abstracts  therefrom  while 
the  board  of  county  commissioners  are  in  session,  as  by  the  constitution  the 
clerk  must  in  person  or  by  deputy  attend  such  sessions  of  the  board  when 
required.      Upton   vs.    Catlin,    17    Colo.,    546,    550;    31    P.,    172. 

5.  The  constitution  provides  that  there  shall  be  elected,  biennially,  in 
each  county,  one  county  assessor,  and  in  the  absence  of  a  constitutional  or 
statutory  provision  as  to  the  duties  of  such  assessor,  his  duties  shall  be 
such  as  are  usually  incumbent  upon  such  an  officer.  People  vs.  Ames,  24 
Colo.,  422,   427;   51  p.   426.      (Construing  original  section.) 

6.  The  act  of  the  legislature.  Session  Laws,  1891,  page  290,  providing 
for  the  assessment  of  railroad  property  and  other  property  by  the  state  board 
of  equalization  is  not  in  conflict  with  or  inhibited  by  Section  8,  Article  XIV 
of  the  Constitution  providing  for  the  election  of  county  assessors.  Ames  vs. 
People,    26   Colo.,    83. 


32  ELECTION  LAWS 

7.  The  election  to  be  held  in  November,  1903,  for  the  election  of  a 
judge  of  the  supreme  court  is  a  general  election  within  the  meaning  of  Sec- 
tion 9,  Article  XIV,  of  the  Constitution,  providing  that  persons  appointed  by 
the  board  of  county  commissioners  to  fill  vacancies  in  county  offices  shall 
hold  office  until  the  next  general  election.  The  amendment  to  Section  8, 
Article  XIV,  of  the  Constitution  changing  the  time  for  election  of  county 
officers  and  extending  the  terms  of  such  officials  now  in  office  for  one  year 
did  not  change  the  manner  of  filling  vacancies  in  such  offices.  Mannix  vs. 
Selbach,    31   Colo.,   502. 

8.  Under  Section  8,  Article  XIV,  Colorado  Constitution,  providing  that 
there  shall  be  elected  in  each  county,  at  the  same  time  at  which  members 
of  the  general  assembly  are  elected,  commencing  in  the  year  nineteen  hun- 
dred and  four,  "one  county  clerk  *  *  *  one  county  attorney,  who  may  be 
elected  or  appointed,  as  shall  be  provided  by  law  *  *  *.  The  term  of  office 
of  all  such  officials  that  expire  in  January,  1904,  is  hereby  extended  to  the 
second  Tuesday  in  "January,  A.  D.  1905,"  the  office  of  county  attorney  was 
probably  created;  but  in  the  absence  of  the  legislature  determining  whether 
it  shall  be  elective  or  appointive,  there  is  no  means  provided  for  filling  the 
office,  and,  therefore,  it  is  inoperative  and  the  former  statute  authorizing 
county  commissioners  to  employ  counsel  has  not  been  superseded,  nor  does 
the  above  constitutional  provision  made  counsel,  so  employed,  county  officials, 
nor  extend  their  terms  to  January,   1905.     People  vs.   Lindsley,   37  Colo.,   476. 

9.  The  act  commonly  known  as  the  "Torrens  Land  Law,"  Session  Laws 
1903,  c.  139,  Section  9,  provides  that  county  clerks  and  recorders  of  the 
several  counties  shall  be  registrars  of  title  in  their  respective  counties.  Sec- 
tion 8,  Article  XIV,  Colorado  Constitution,  provides  that  there  shall  be  elected 
in  each  county  a  county  clerk,  who  shall  be  ex-officio  recorder  of  deeds,  but 
does  not  define  his  duties.  Held,  that  Section  9  of  the  act  does  not  create 
a  new  county  office,  which  is  neither  filled  by  appointmtent,  as  required  by 
Article  IV,  Section  6,  supra,  nor  by  election  or  appointment,  as  provided  by 
Article  XIV,  Section  12,  since  only  additional  duties  are  imposed  upon  said 
clerk.      People   vs.    Crissman,    41    Colo.,    451. 

10.  The  general  assembly  may  not  destroy  the  office  of  county  assessor, 
but  may  prescribe  that  the  work  of  the  assessor  may  be  corrected,  supple- 
mented, or  revised,  e.  g.,  by  a  central  body,  with  power  to  bring  the  taxable 
property  in  each  county  to  its  full  cash  value,   for  the  purpose  of  taxation. 

They  may  not  relieve  either  the  state  or  county  board  of  equalization  of 
the  duties  which  the  constitution  imposes  upon  these  bodies  respectively,  or 
delegate  those  duties  to  others.     Colo.  Tax  Com.  vs.  Pitcher,  56  Colo.,  343. 

11.  The  constitution  creates  many  offices,  the  duties  of  which  it  does  not 
prescribe,  but  places  no  limitation  upon  the  creation  of  others.  Among  the 
former  is  that  of  county  assessor.  Section  8,  Article  XIV.  Equalization 
vs.    Investment    Co.,    56    Colo.,    512. 

12.  As  the  office  of  county  assessor  existed  at  and  prior  to  the  adoption 
of  the  constitution,  and  the  functions  and  the  duties  thereof  were  defined  by 
territorial  laws,  and  Section  1  of  the  constitutional  schedule  continued  in 
force  such  laws,  so  far  as  not  inconsistent  with  the  constitution,  until  they 
should  expire  by  their  own  limitation  or  were  altered  or  repealed  by  the 
general  assembly,  the  duties  pertaining  to  such  office  may  be  changed  and 
modified  as  held  in  People  ex  rel.  v.  Fitch.er,  ante.  Equalization  vs.  Invest- 
ment  Co.,    56   Colo.,    512. 

13.  There  can  be  no  confiict  between  Section  15  of  Article  XIV  of  the 
Constitution,  and  Section   8,  of  the  same  article  as  amended. 

The  amendment  does  not  impair  the  effect  of  the  provision  of  Section  15 
that  "all  fees,  perquisites  and  emoluments,"  allowed  to  a  county  officer,  "above 
the  amount,"  of  the  salaries  allowed  by  law,  where  fees  are  prescribed, 
shall  be  paid  into  the  county  treasury.  (503,  504)  El  Paso  County  vs.  Shelden, 
59   Colo.,   499. 

14.  Any  attempt  to  add  to  the  prescribed  salary  of  a  county  officer,  by 
allowing  him  to  retain  fees  in  an  unknown  and  unascertainable  amount,  as 
by  the  act  of  April  22,  1909  (Laws  of  1909,  c.  167,  sec.  2838),  is  obnoxious 
to  the  constitutional  prohibition  and  without  effect.  (503,  504).  El  Paso 
County  vs.  Shelden,   59  Colo.,  499. 

Sec.  9.  Vacancies — How  filled. — In  case  of  a  vacancy  occurring  In 
the  oflflce  of  county  commissioner,  the  governor  shall  fill  the  same  by 
appointment;  and  in  case  of  a  vacancy  in  any  other  county  office,  or  in 
any  precinct  office,  the  board  of  county  commissioners  shall  fill  the  same 
by  appointment;  and  the  person  appointed  shall  hold  the  office  until  the 
next  general  election,  or  until  the  vacancy  be  filled  by  election  according 
to  law. 

1.  The  constitution  does  not  require  that  all  judicial  officers  shall  be 
elected.  They  may  be  elected  or  appointed  as  the  legislature  provides,  unless 
otherwise  expressly  provided  in  the  constitution.  People  vs.  Rucker,  5 
Colo.,    461. 

2.  The  vacancy  made  by  the  law  creating  a  new  date  for  the  commence- 
ment of  the  office  of  county  treasurer  is  to  be  filled  under  this  section  by 
the  board  of  county  commissioners.  In  re  H.  B.  No.  38,  as  to  County  Treas- 
urers, 9  Colo.,  631. 


ELECTION  LAWS  66 

3.  A  county  judge  is  a  county  oflficer  and  a  vacancy  in  the  office  is 
filled  by  the  board  of  county  commissioners.  In  re  compensation  of  county 
judges,    18    Colo.,    272,    273. 

4.  The  fact  that  an  act  creating  a  new  county  contains  provisions  for 
appointment  of  officers  in  an  unauthorized  manner  does  not  Invalidate  the 
act,  since  Section  9,  Article  XIV  of  the  Constitution  contains  self  executing 
provisions  under  which  the  officers  can  be  appointed.  Frost  vs.  PfeifCer, 
26    Colo.,    338. 

5.  See   note   7   under  preceding   section. 

6.  The  provisions  of  Section  9  of  Article  XIV  of  the  Constitution  arei 
limited  by  Sections  10  and  11  of  Article  XII.  One  elected  to  a  public  office 
has  a  contingent  or  inchoate  right  which  becomes  absolute  upon  qualifica- 
tion. No  one  else  can  enter  into  this  office  during  the  term  for  which 
another  is  elected,  until  the  officer  elected  is  ousted,  or  his  right  terminated, 
which  can  never  occur  until  the  day  appointed  by  law  for  the  commence- 
ment of  his  term.  If  at  that  date  he  has  failed  to  qualify,  the  office  ia 
vacant.  Therefore,  where  the  sheriff  incumbent  was  re-elected,  but  failed  to 
qualify  for  the  second  term,  and  died  before  his  first  term  expired,  one  ap- 
pointed by  the  board  of  county  commissioners  to  the  vacancy,  held  only  to  the 
second  Tuesday  of  the  succeeding  January,  the  day  appointed  by  law  for  the 
commencement  of  the  second  term  of  his  predecessor,  even  though  by  express 
terms  his  annoiiitment  was  "until  the  next  general  election";  that  upon  the 
second  Tuesday  of  the  succeeding  January  there  was  a  vacancy,  and  one  then 
appointed  by  the  county  commissioners  to  fill  it  was  entitled  to  the  office  until 
the  next  general  election.     People  vs.  De  Quelle,  47  Colo.,  13. 

7.  The  county  clerk  elect,  dying  before  qualification,  a  vacancy  In  thei 
office  occurs  on  the  expiration  of  the  term  of  the  then  incumbent,  to  be 
filled  by  appointment  of  the  county  commissioners.  Gibbs  vs.  People,  66 
Colo.,   414. 

Sec.  10.  Elector  only  eligible  to  office. — No  person  shall  be  eligible 
to  any  county  office  unless  he  shall  be  a  qualified  elector;  nor  unless  he 
shall  have  resided  in  the  county  one  year  preceding  his  election. 

Sec.  11.  Justices  of  the  peace — Constables. — There  shall  be  elected 
at  the  same  time  at  which  members  of  the  general  assembly  are  elected, 
beginning  with  the  year  nineteen  hundred  and  four,  two  justices  of  the 
peace  and  two  constables  in  each  precinct  in  each  county,  who  shall  hold 
their  office  for  a  term  of  two  years;  Provided,  That  in  precincts  contain- 
ing fifty  thousand  (50,000)  or  more  inhabitants,  the  number  of  justices 
and  constables  may  be  increased  as  provided  by  law.  The  term  of  oflices 
of  all  justices  of  the  peace  that  expires  in  January,  1904,  is  hereby  ex- 
tended to  the  second  Tuesday  in  January,  1905.  This  section  shall  govern, 
except  as  heretofore  otherwise  expressly  directed,  or  permitted  by  con- 
stitutional enactment. 

[Amended  section  as  proposed  by  L.  '01,  p.  114.  Adopted  November  4, 
1902.] 

1.  Officers — justices  of  the  peace. 

Justices  of  the  peace  are  constitutional  officers. 

The  act  of  1891  authorizing  an  additional  justice  of  the  peace  In  pre- 
cincts having  a  population  of  over  twenty  thousand  was  a  valid  exercise  of 
legislative   power.      Pueblo   Co.    vs.    Smith,    22   Colo.,    534. 

2.  The  only  limitation  upon  the  power  of  the  legislature  in  respect 
of  justices'  precincts  is  that  relating  to  the  increase  of  the  number  of 
justices  in  a  precinct.     Morris  vs.  People,  8  Colo.  App.,  375. 

3.  A  justice  of  the  peace  is  a  constitutional  officer  whose  term  of 
office  can  neither  be  abridged  nor  lengthened  unless  he  subjects  himself  to 
the  other  penalties  prescribed  by  law.     Chapman  vs.  People,  9  Colo.  App.,  269. 

4.  See  also  Thrush   vs.   People,   53   Colo.,   544. 

ARTICLE  XIX— AMENDMENTS. 

Section  1.  Constitutional  convention — How  called. — The  general  as- 
sembly may  at  any  time  by  a  vote  of  two-thirds  of  the  members  elected 
to  each  house,  recommend  to  the  electors  of  the  state,  to  vote  at  the  next 
general  election  for  or  against  a  convention  to  revise,  alter  and  amend 
this  constitution;  and  if  a  majority  of  those  voting  on  the  question  shall 
declare  in  favor  of  such  convention,  the  general  assembly  shall,  at  its 
next  session,  provide  for  the  calling  thereof.  The  number  of  members  of 
the  convention  shall  be  twice  that  of  the  senate  and  they  shall  be  elected 
in  the  same  manner,  at  the  same  place,  and  in  the  same  districts.  The 
general  assembly  shall,  in  the  act  calling  the  convention,  designate  the 
day,  hour  and  place  of  its  meeting;  fix  the  pay  of  its  members  and  oflScers, 


34  ELECTION  LAWS 

and  provide  for  the  payment  of  the  same,  together  with  the  necessary 
expenses  of  the  convention.  Before  proceeding,  the  members  shall  take 
an  oath  to  support  the  constitution  of  the  United  States,  and  of  the  state 
of  Colorado,  and  to  faithfully  discharge  their  duties  as  members  of  the 
convention.  The  qualifications  of  members  shall  be  the  same  as  of  mem- 
bers of  the  senate;  and  vacancies  occurring  shall  be  filled  in  the  man- 
ner provided  for  filling  vacancies  in  the  general  assembly.  Said  conven- 
tion shall  meet  within  three  months  after  such  election  and  prepare  such 
revisions,  alterations  or  amendments  to  the  constitution  as  may  be 
deemed  necessary;  which  shall  be  submitted  to  the  electors  for  their 
ratification  or  rejection  at  an  election  appointed  by  the  convention  for 
that  purpose,  not  less  than  two  nor  more  than  six  months  after  adjourn- 
ment thereof;  and  unless  so  submitted  and  approved  by  a  majority  of  the 
electors  voting  at  the  election,  no  such  revision,  alteration  or  amendment 
shall  take  effect. 

1.  Where  an  amendment  to  the  constitution  is  attacked  after  its 
ratification  by  the  people,  every  reasonable  presumption,  both  of  law  and 
fact,  is  to  be  indulged  in  favor  of  its  validity.     People  vs.  Sours,  31  Colo.,  369. 

2.  A  constitutional  amendment  consolidating  a  city  and  county  govern- 
ment Into  one  and  providing  that  the  people  of  the  city  and  county  shall 
adopt  a  charter  which  shall  provide  for  the  election  or  appointment  of  all 
officers  of  the  city  and  county  and  shall  designate  the  officers  who  shall 
perform  the  acts  and  duties  required  by  the  constitution  and  general  laws 
to  be  done  by  county  officers,  and  provides  that  the  citizens  of  the  city  and 
county  shall  have  exclusive  power  to  adopt  or  to  amend  their  charter  or* 
to  adopt  any  measure  as  provided  in  the  amendment,  does  not  exempt  a 
portion  of  the  state  from  the  provisions  of  the  constitution  and  general  laws 
of  the  state,  and  is  not  obnoxious  to  the  provision  of  the  enabling  act  which 
requires  the  constitution  to  be  republican  in  form  and  not  repugnant  to  the 
Constitution   of  the  United   States.     People  vs.    Sours,    31   Colo.,   369,   370. 

3.  Under  the  provisions  of  the  constitution  authorizing  amendments 
the  article  providing  for  such  amendments  may  be  amended.  People  vs. 
Sours,   31   Colo.,   369,   370. 

4.  Unless  the  court  is  satisfied  beyond  a  reasonable  doubt  that  thei 
constitution  has  been  violated  in  the  submission  of  a  constitutional  amend- 
ment,  the  amendment  must  be  upheld.     People  vs.   Sours,  31  Colo.,   369,   370. 

5.  An  amendment  to  the  constitution  may  be  proposed  by  the  legisla- 
ture and  adopted,  by  the  addition  to  the  constitution  of  a  new  and  separate 
article.     People  vs.  Sours,  31  Colo.,  369,  370. 

6.  It  is  a  universal  rule  that  where  an  amendment  to  the  constitution 
which  has  received  the  popular  approval  is  assailed,  it  must  appear  beyond 
a  reasonable  doubt,  both  as  to  law  and  fact,  that  the  constitution  has  been 
violated  before  the  amendment  will  be  overthrown.  People  vs.  Provost, 
65  Colo.,  199. 

7.  Where  the  General  Assembly  recommends  to  the  people  a  convention 
to  revise  the  constitution,  the  governor  is  charged  with  no  duty  or  authority, 
with  respect  to  such  recommendation.  His  disapproval  is  without  effect. 
People  vs.  Ramer,  62  Colo.,  128. 

8.  Section  39  of  Article  V  and  Section  1  of  Article  XIX  are  not  In  pari 
materia.  The  first  relates  to  ordinary  legislation,  and  the  last  to  the  calling 
of  a  convention  for  the  amendment  of  the  constitution.  They  are  of  equal 
dignity,  and  neither  can  be  invoked  to  interfere  with  the  operation  of  the 
other.     People  vs.   Ramer,    62   Colo.,    128. 

Sec.  2.  Amendments  to  constitution — How  adopted. — Any  amend- 
ment or  amendments  to  this  constitution  may  be  proposed  in  either 
house  of  the  general  assembly,  and  if  the  same  shall  be  voted  for  by  two- 
thirds  of  all  the  members  elected  to  each  house,  such  proposed  amend- 
ment or  amendments,  together  with  the  ayes  and  noes  of  each  house 
thereon,  shall  be  entered  in  full  on  their  respective  journals;  the  pro- 
posed amendment  or  amendments  shall  be  published  with  the  laws  of 
that  session  of  the  general  assembly,  *and  the  secretary  of  state  shall 
also  cause  the  said  amendment  or  amendments  to  be  published  in  full  in 
not  more  than  one  newspaper  of  general  circulation  in  each  county,  for 
four  successive  weeks  previous  to  the  next  general  election  for  members 
of  the  general  assembly;  and  at  said  election  the  said  amendment  or 
amendments  shall  be  submitted  to  the  qualified  electors  of  the  state  for 
their  approval  or  rejection,  and  such  as  are  approved  by  a  majority  of 
those  voting  thereon  shall  become  part  of  this  constitution. 

Provided,  That  if  more  than  one  amendment  be  submitted  at  any 
general  election,  each  of  said  amendments  shall  be  voted  upon  separately 
and  votes  thereon  cast  shall  be  separately  counted  the  same  as  though  but 


ELECTION  LAWS  35 

one  amendment  was  submitted.  But  the  general  assembly  shall  have 
no  power  to  propose  amendments  to  more  than  six  articles  of  this  con- 
stitution at  the  same  session. 

[Amended  section  as  proposed  by  L.  '99,  p.  155.  Adopted  November  6, 
1900.] 

♦[See  also  Article  XXIII  on  page  24  hereof.] 

1.  The  power  of  the  general  assembly  to  propose  amendments  to  the 
constitution  is  not  subject  to  the  provisions  of  Article  V  regulating  the 
introduction  and  passage  of  ordinary  legislative  enactments.  Section  2 
of  Article  XIX  prescribes  the  method  of  ))roposing-  amendnients  to  the  con- 
stitution,  and  no  other  rule  controls.     Nesbit  vs.   People,   19   Colo.,   441. 

2.  See  notes  1  to  5  inclusive  under  the  preceding  section. 

3.  The  supreme  court  has  no  jurisdiction  to  enjoin  the  secretary  of 
state  to  publish  proposed  amendments  to  the  constitution.  People  ex  rel. 
O'Reilly    vs.    Mills,    30    Colo.,    262. 

4.  The  provision  of  Section  2,  Article  XIX,  of  the  constitution  that 
amendments  to  not  more  than  six  articles  of  the  constitution  shall  be  pro- 
posed at  the  same  session  of  the  legislature,  applies  to  express  amendments 
and  not  to  implied  or  incidental  amendments  or  modifications  of  other  articles 
of  the  constitution  than  the  one  expressly  amended.  People  vs.  Sours,  31 
Colo..    369,    370. 

5.  A  constitutional  amendment  may  embrace  more  than  one  subject. 
People   vs.    Sours,    31    Colo.,    369,    371. 

6.  If  a  constitutional  amendment  embraces  several  subjects  all  ot 
which  are  germane  to  the  general  subject  or  purpose  of  the  amendment,  the 
several  subjects  need  not  be  separately  submitted  but  the  amendment  may 
be  submitted  and  voted  upon  as  a  single  proposition.  People  vs.  Sours,  31 
Colo..    369,    371. 

7.  This  section  referred  to  in  Russell  vs.  Courier  P.  &  P.  Co.,  43  Colo.,  321. 

8.  Under  Section  2  of  Article  XIX  of  the  constitution,  every  proposed 
amendment  to  the  constitution  must  be  published  in  each  county  in  one  news- 
paper of  general  circulation,  in  such  county.  Publication  in  a  newspaper 
devoted  to  a  particular  branch  of  industry  is  not  a  compliance  with  this 
requirement.      In   re   House  Resolution  No.    10,    50   Colo.,   71. 

9.  Under  Section  2,  Article  XIX,  of  the  constitution  it  is  not  required, 
in  order  to  the  effectual  submission  to  the  people  of  a  proposed  amendment 
to  the  constitution,  that  it  should  appear  in  the  session  laws  for  any  certain 
time,  or  that  such  publication  should  occur  previous  to  the  election  at  which 
the  amendment  is  to  be  submitted.  The  publication  for  "four  successive 
weeks"  prescribed  by  the  constitution  relates  to  the  publication  required  to 
be  made  in  the  newspapers,  and  not  to  that  in  the  session  laws.  Pearce  vs. 
The   People,    53   Colo.,    399. 

10.  The  proviso  to  Section  2  of  Article  XIX  only  requires  that  each 
proposed  amendment  shall  be  submitted  separately.  Several  provisions  con- 
stitute a  single  amendment  as  each  is  so  connected  with  the  general  subject 
that  one  is  not  desirable  without  the  other.  That  other  articles  may  he 
incidentally  affected,  or  amended  by  implication  is  not  material.  People  vs. 
Prevost,  55  Colo.,  199. 

11.  The  legislation  submitted  to  the  people,  under  the  initiative,  at  the 
election  of  November,  1912,  relating  to  the  publication  of  initiated  laws, 
being  proposed  as  a  statute,  and  voted  upon  as  such,  is  to  be  regarded  as 
attempted  legislation,  and  not  as  an  amendment  to  the  constitution,  even 
though  the  effect  proposed  was  to  change  the  rule  prescribed  by  Section  2 
of  Article  XIX. 

12.  The  facts  upon  which  depend  the  question  whether  an  amendment 
proposed  to  the  constitution  has  received  the  approval  of  the  people  will  be 
judicially  noticed.     Harrison  vs.  People,   57  Colo.,   137. 

ARTICLE  XX— CITY  AND  COUNTY  OF  DENVER. 
Home  Rule  for  Cities  and  Towns. 

Sec.  6.  The  people  of  each  city  or  town  in  this  state,  having  a  popu- 
lation of  two  thousand  inhabitants  as  determined  by  the  last  preceding 
census  taken  under  the  authority  of  the  United  States,  the  State  of  Colo- 
rado or  said  City  or  town,  are  hereby  vested  with,  and  they  shall  always 
have,  power  to  make,  amend,  add  to  or  replace  the  charter  of  said  city  or 
town,  which  shall  be  its  organic  law  and  extend  to  all  its  local  and  muni- 
cipal matters. 

Such  charter  and  the  ordinances  made  pursuant  thereto  in  such  mat- 
ters shall  supersede  within  the  territorial  limits  and  other  jurisdiction  of 
said  city  or  town  any  law  of  the  state  in  conflict  therewith. 

Proposals  for  charter  conventions  shall  be  submitted  by  the  city 
council  or  board  of  trustees,  or  other  body  in  which  the  legislative  pow- 
ers of  the  city  or  town  shall  then  be  vested,  at  special  elections,  or  at 


36  ELECTION  LAWS 

general  state  or  municipal  elections,  upon  petitions  filed  by  qualified 
electors,  all  in  reasonable  conformity  with  section  5  of  this  article,  and  all 
proceedings  thereon  or  thereafter  shall  be  in  reasonable  conformity  with 
sections  4  and  5  of  this  article. 

From  and  after  the  certifying  to  and  filing  with  the  secretary  of 
state  of  a  charter  framed  and  approved  in  reasonable  conformity  with  the 
provisions  of  this  article,  such  city  or  town,  and  the  citizens  thereof,  shall 
have  the  powers  set  out  in  sections  1,  4  and  5  of  this  article,  and  all  other 
powers  necessary,  requisite  or  proper  for  the  government  and  administra- 
tion of  its  local  and  municipal  matters,  including  power  to  legislate  upon, 
provide,  regulate,  conduct  and  control: 

a.  The  creation  and  terms  of  municipal  officers,  agencies  and  em- 
ployments; the  definition,  regulation  and  alteration  of  the  powers,  duties, 
qualifications  and  terms  of  tenure  of  all  municipal  oflicers,  agents  and 
employes; 

b.  The  creation  of  police  courts;  the  definition  and  regulation  of 
the  jurisdiction,  powers  and  duties  thereof,  and  the  election  or  appoint- 
ment of  police  magistrates  therefor; 

c.  The  creation  of  municipal  courts;  the  definition  and  regulation  of 
the  jurisdiction,  powers  and  duties  thereof,  and  the  election  or  appoint- 
ment of  the  oflicers  thereof; 

d.  All  matters  pertaining  to  municipal  elections  in  such  city  or 
town,  and  to  electoral  votes  therein  on  measures  submitted  under  the 
charter  or  ordinances  thereof,  including  the  calling  or  notice  and  the 
date  of  such  election  or  vote,  the  registration  of  voters,  nomina- 
tions, nomination  and  election  systems,  judges  and  clerks  of  election, 
the  form  of  ballots,  balloting,  challenging,  canvassing,  certifying  the  re- 
sult, securing  the  purity  of  elections,  guarding  against  abuses  of  the  elec- 
tive franchise,  and  tending  to  make  such  elections  or  electoral  votes  non- 
partisan in  character; 

e.  The  issuance,  refunding  and  liquidation  of  all  kinds  of  municipal 
obligations,  including  bonds  and  other  obligations  of  park,  water  and 
local  improvement  districts; 

f.  The  consolidation  and  management  of  park  or  water  districts 
In  such  cities  or  towns  or  within  the  jurisdiction  thereof;  but  no  such 
consolidation  shall  be  effective  until  approved  by  the  vote  of  a  majority,  in 
each  district  to  be  consolidated,  of  the  qualified  electors  voting  therein 
upon  the  question; 

g.  The  assessment  of  property  in  such  city  or  town  for  municipal 
taxation  and  the  levy  and  collection  of  taxes  thereon  for  municipal  pur- 
poses and  special  assessments  for  local  improvements;  such  assessment, 
levy  and  collection  of  taxes  and  special  assessments  to  be  made  by 
municipal  officials  or  by  the  county  or  state  officials  as  may  be  provided 
by  the  charter; 

h.  The  imposition,  enforcement  and  collection  of  fines  and  penalties 
for  the  violation  of  any  of  the  provisions  of  the  charter,  or  of  any  ordi- 
nance adopted  in  pursuance  of  the  charter. 

'It  is  the  intention  of  this  article  to  grant  and  confirm  to  the  people 
of  all  municipalities  coming  within  its  provisions  the  full  right  of  self- 
government  in  both  local  and  municipal  matters  and  the  enumeration 
herein  of  certain  powers  shall  not  be  construed  to  deny  such  cities  and 
towns,  and  to  the  people  thereof,  any  right  or  power  essential  or  proper 
to  the  full  exercise  of  such  right. 

The  statutes  of  the  State  of  Colorado,  so  far  as  applicable,  shall  con- 
tinue to  apply  to  such  cities  and  towns,  except  in  so  far  as  superseded  by 
the  charters  of  such  cities  and  towns  or  by  ordinance  passed  pursuant  to 
such  charters. 

All  provisions  of  the  charters  of  the  City  and  County  of  Denver  and 
the  Cities  of  Pueblo,  Colorado  Springs  and  Grand  Junction,  as  heretofore 
certified  to  and  filed  with  the  secretary  of  state,  and  of  the  charter  of  any 


ELECTION  LAWS  37 

Other  city  heretofore  approved  by  a  majority  of  those  voting  thereon  and 
certified  to  and  filed  with  the  secretary  of  state,  which  provisions  are  not 
in  conflict  with  this  article,  and  all  elections  and  electoral  votes  hereto- 
fore had  under  and  pursuant  thereto,  are  hereby  ratified,  affirmed  and 
validated  as  of  their  date. 

Any  act  in  violation  of  the  provisions  of  such  charter  or  of  any 
ordinance  thereunder  shall  be  criminal  and  punishable  as  such  when  so 
provided  by  any  statute  now  or  hereafter  in  force. 

The  provisions  of  this  section  6  shall  apply  to  the  City  and  County  of 
Denver. 

This  article  shall  be  in  all  respects  self-executing. 

[Amended  section  as  proposed  by  Initiative  Petition  and  adopted  Novem- 
ber 5,  1912.] 

1.  The  measure  submitted  to  the  people  under  the  initiative,  at  the  elec- 
tion of  1912,  as  an  amendment  to  Article  XX  of  the  Constitution  (Laws.  1913). 
commonly  known  as  the  Home  Rule  Amendment,  was  a  valid  and  effectual 
amendment   to   the  fundamental   law.      *      *      *      * 

The  provisions  of  Section  6  of  the  Article  as  amended,  are  effectual  to 
make  the  regulation  of  municipal  elections,  the  levy  and  collection  of  taxes 
for  municipal  purposes,  and  special  assessments,  matters  of  municipal  con- 
cern. All  the  provisions  of  the  amendment  are  germane  to  its  general  pur- 
pose, and  it  was  properly  submitted  as  a  single  amendment.  People  vs. 
Prevost,  55  Colo.,  199. 

2.  Section  104-A  of  the  Charter  of  Denver  is  not  in  conflict  with  Section  4 
of  Article  XX  of  the  Constitution,  Section  6,  Article  XX  (Laws,  1913,  699). 
Perkins  vs.  People,   59  Colo.,   107. 


ARTICLE  XXI— RECALL  FROM  OFFICE. 

Section  Section 

1.  State  ofl[icers  may  be  recalled.  4.     Recall   after   six   months — Mem- 

2.  Form  of  recall  petition.  ber   of   legislature. 

3.  Resignation,    filling   vacancy. 

Section  1.  State  officers  may  be  recalled. — Every  elective  public 
officer  of  the  State  of  Colorado  may  be  recalled  from  office  at  any  time 
by  the  electors  entitled  to  vote  for  a  successor  of  such  incumbent  through 
the  procedure  and  in  the  manner  herein  provided  for,  which  procedure 
shall  be  known  as  the  Recall,  and  shall  be  in  addition  to  and  without  ex- 
cluding any  other  method  of  removal  provided  by  law. 

The  procedure  hereunder  to  effect  the  recall  of  an  elective  public 
officer  shall  be  as  follows: 

A  petition  signed  by  electors  entitled  to  vote  for  a  successor  of  the 
incumbent  sought  to  be  recalled  equal  in  number  to  twenty-five  per 
centum  of  the  entire  vote  cast  at  the  last  preceding  election  for  all  candi- 
dates for  the  position  which  the  incumbent  sought  to  be  recalled  occupies, 
demanding  an  election  of  the  successor  to  the  officer  named  in  said  peti- 
tion, shall  be  filed  in  the  office  in  which  petitions  for  nominations  to  office 
held  by  the  incumbent  sought  to  be  recalled  are  required  to  be  filed; 
Provided,  if  more  than  one  person  is  required  by  law  to  be  elected  to  fill 
the  office  of  which  the  person  sought  to  be  recalled  is  an  incumbent,  then 
the  said  petition  shall  be  signed  by  electors  entitled  to  vote  for  a  suc- 
cessor to  the  incumbent  sought  to  be  recalled  equal  in  number  to  twenty- 
five  percentum  of  the  entire  vote  cast  at  the  last  preceding  general  elec- 
tion for  all  candidates  for  the  office,  to  which  the  incumbent  sought  to  be 
recalled  was  elected  as  one  of  the  officers  thereof,  said  entire  vote  being 
divided  by  the  number  of  all  officers  elected  to  such  office,  at  the  last  pre- 
ceding general  election;  and  such  petition  shall  contain  a  general  state- 
ment, in  not  more  than  two  hundred  words,  of  the  ground  or  grounds  on 
which  such  recall  is  sought,  which  statement  is  intended  for  the  informa- 
tion of  the  electors,  and  the  electors  shall  be  the  sole  and  exclusive  judges 
of  the  legality,  reasonableness  and  sufficiency  of  such  ground  or  grounds 
assigned  for  such  recall,  and  said  ground  or  grounds  shall  not  be  opened 
to  review. 


38  ELECTION  LAWS 

Section  1  of  Article  XXI  of  the  Constitution  (Laws,  1913,  p.  672)  applies 
only  to  elected  public  officers  of  the  state.  City,  county  and  town  officers 
may  be  recalled  under  Section  4  of  the  act.     Guyer  vs.  Stutt.  68  Colo.,  422. 

Sec.  2.  Form  of  recall  petition. — Any  recall  petition  may  be  circu- 
lated and  signed  in  sections,  provided  each  section  shall  contain  a  full 
and  accurate  copy  of  the  title  and  text  of  the  petition;  and  such  recall 
petition  shall  be  filed  in  the  office  in  which  petitions  for  nominations  to 
office  held  by  the  incumbent  sought  to  be  recalled  are  required  to  be  filed. 

The  signatures  to  such  recall  petition  need  not  all  be  on  one  sheet  of 
paper,  but  each  signer  must  add  to  his  signature  the  date  of  his  signing 
said  petition,  and  his  place  of  residence,  giving  his  street  number,  if  any, 
should  he  reside  in  a  town  or  city.  The  person  circulating  such  sheet 
must  make  and  subscribe  an  oath  on  said  sheet  that  the  signatures  there- 
on are  genuine,  and  a  false  oath,  wilfully  so  made  and  subscribed  by  such 
person,  shall  be  perjury  and  be  punished  as  such.  All  petitions  shall  be 
deemed  and  held  to  be  sufficient  if  they  appear  to  be  signed  by  the 
requisite  number  of  signers,  and  such  signers  shall  be  deemed  and  held  to 
be  qualified  electors,  unless  a  protest  in  writing  under  oath  shall  be  filed 
in  the  office  in  which  such  petition  has  been  filed,  by  some  qualified 
elector,  within  fifteen  days  after  such  petition  is  filed,  setting  forth 
specifically  the  grounds  of  such  protest,  whereupon  the  officer  with  whom 
such  petition  is  filed  shall  forthwith  mail  a  copy  of  such  protest  to  the 
person  or  persons  named  in  such  petition  as  representing  the  signers 
thereof,  together  with  a  notice  fixing  a  time  for  hearing  such  protest  not 
less  than  five  nor  more  than  ten  days  after  such  notice  is  mailed.  All 
hearings  shall  be  before  the  officer  with  whom  such  protest  is  filed,  and 
all  testimony  shall  be  under  oath.  Such  hearings  shall  be  summary  and 
not  subject  to  delay,  and  must  be  concluded  within  thirty  days  after  such 
petition  is  filed,  and  the  result  thereof  shall  be  forthwith  certified  to  the 
person  or  persons  representing  the  signers  of  such  petition.  In  case  the 
petition  is  not  sufficient  it  may  be  withdrawn  by  the  person  or  a  majority 
of  the  persons  representing  the  signers  of  such  petition,  and  may,  within 
fifteen  days  thereafter,  be  amended  and  refiled  as  an  original  petition. 
The  finding  as  to  the  sufficiency  of  any  petition  may  be  reviewed  by  any 
state  court  of  general  jurisdiction  in  the  county  in  which  such  petition  is 
filed,  upon  application  of  the  person  or  a  majority  of  the  persons  repre- 
senting the  signers  of  such  petition,  but  such  review  shall  be  had  and 
determined  forthwith.  The  sufficiency,  or  the  determination  of  the  suffi- 
ciency, of  the  petition  referred  to  in  this  section  shall  not  be  held,  or  con- 
strued, to  refer  to  the  ground  or  grounds  assigned  in  such  petition  for  the 
recall  of  the  incumbent  sought  to  be  recalled  from  office  thereby. 

When  such  petition  is  sufficient,  the  officer  with  whom  such  recall 
petition  was  filed,  shall  forthwith  submit  said  petition,  together  with  a 
certificate  of  its  sufficiency  to  the  Governor,  who  shall  thereupon  order 
and  fix  the  date  for  holding  the  election  not  less  than  thirty  days  nor  more 
than  sixty  days  from  the  date  of  submission  of  said  petition:  Provided, 
if  a  general  election  is  to  be  held  within  ninety  days  after  the  date  of  sub- 
mission of  said  petition,  the  recall  election  shall  be  held  as  part  of  said 
general  election. 

Sec.  3.  Resignation — Filling  vacancy. — If  such  officer  shall  offer  his 
resignation,  it  shall  be  accepted,  and  the  vacancy  caused  by  such  resigna- 
tion, or  from  any  other  cause,  shall  be  filled  as  provided  by  law;  but  the 
person  appointed  to  fill  such  vacancy  shall  hold  his  office  only  until  the 
person  elected  at  the  recall  election  shall  qualify.  If  such  officer  shall 
not  resign  within  five  days  after  the  sufficiency  of  the  recall  petition  shall 
have  been  sustained,  the  Governor  shall  make  or  cause  to  be  made  publi- 
cation of  notice  for  the  holding  of  such  election,  and  officers  charged  by 
law  with  duties  concerning  elections  shall  make  all  arrangements  for  such 
election,  and  the  same  shall  be  conducted,  returned  and  the  result  thereof 
declared  in  all  respects  as  in  the  case  of  general  elections. 

On  the  official  ballot  at  such  elections  shall  be  printed  in  not  more 
than  200  words,  the  reasons  set  forth  in  the  petition  for  demanding  his 


ELECTION  LAWS  39 

recall,  and  in  not  more  than  300  words  there  shall  also  be  printed, 
if  desired  by  him,  the  officer's  justification  of  his  course  in  office.  If  such 
officer  shall  resign  at  any  time  subsequent  to  the  filing  thereof,  the  recall 
election  shall  be  called  notwithstanding  such  resignation. 

There  shall  be  printed  on  the  official  ballot,  as  to  every  officer  whose 
recall  is  to  be  voted  on,  the  words,  "Shall  (name  of  person  against  whom 
the  recall  petition  is  filed)  be  recalled  from  the  office  of  (title  of  the 
office)  ?"  Following  such  question  shall  be  the  words  "Yes"  and  "No,"  on 
separate  lines,  with  a  blank  space  at  the  right  of  each,  in  which  the  voter 
shall  indicate,  by  marking  a  cross  (X),  his  vote  for  or  against  such  recall. 

On  such  ballots,  under  each  question,  there  shall  also  be  printed  the 
names  of  those  persons  who  have  been  nominated  as  candidates  to  suc- 
ceed the  person  sought  to  be  recalled;  but  no  vote  cast  shall  be  counted 
for  any  candidate  for  such  office,  unless  the  voter  also  voted  for  or  against 
the  recall  of  such  person  sought  to  be  recalled  from  said  office.  The  name 
of  the  person  against  whom  the  petition  is  filed  shall  not  appear  on  the 
ballot  as  a  candidate  for  the  office. 

If  a  majority  of  those  voting  on  said  question  of  the  recall  of  any  in- 
cumbent from  office  shall  vote  "no,"  said  incumbent  shall  continue  in  said 
office;  if  a  majority  shall  vote  "yes,"  such  incumbent  shall  thereupon  be 
deemed  removed  from  such  office  upon  the  qualification  of  his  successor. 

If  the  vote  had  in  such  recall  elections  shall  recall  the  officer  then 
the  candidate  who  has  received  the  highest  number  of  votes  for  the  office 
thereby  vacated  shall  be  declared  elected  for  the  remainder  of  the  term, 
and  a  certificate  of  election  shall  be  forthwith  issued  to  him  by  the  can- 
vassing board.  In  case  the  person  who  received  the  highest  number  of 
votes  shall  fail  to  qualify  within  fifteen  days  after  the  issuance  of  a  cer- 
tificate of  election,  the  office  shall  be  deemed  vacant,  and  shall  be  filled 
according  to  law. 

Candidates  for  the  office  may  be  nominated  by  petition,  as  now  pro- 
vided by  law,  which  petition  shall  be  filed  in  the  office  in  which  petitions 
for  nomination  to  office  are  required  by  law  to  be  filed  not  less  than  fif- 
teen days  before  such  recall  election. 

Sec.  4.  Recall  after  six  months — Members  of  legislature. — No  recall 
petition  shall  be  circulated  or  filed  against  any  officer  until  he  has  actually 
held  his  office  for  at  least  six  months,  save  and  except  it  may  be  filed 
against  any  member  of  the  state  legislature  at  any  time  after  five  days 
from  the  convening  and  organizing  of  the  legislature  after  his  election. 

After  one  recall  petition  and  election,  no  further  petition  shall  be 
filed  against  the  same  officer  during  the  term  for  which  he  was  elected, 
unless  the  petitioners  signing  said  petition  shall  equal  fifty  percentum  of 
the  votes  cast  at  the  last  preceding  general  election  for  all  of  the  candi- 
dates for  the  office  held  by  such  officer  as  herein  above  defined. 

If  at  any  recall  election  the  incumbent  whose  recall  is  sought  is  not 
recalled,  he  shall  be  repaid  from  the  state  treasury  any  money  authorized 
by  law  and  actually  expended  by  him  as  expense  of  such  election;  and  the 
legislature  shall  provide  appropriations  for  such  purpose. 

If  the  governor  is  sought  to  be  recalled  under  the  provisions  of  this 
article,  the  duties  herein  imposed  upon  him  shall  be  performed  by  the 
lieutenant-governor;  and  if  the  secretary  of  state  is  sought  to  be  recalled, 
the  duties  herein  imposed  upon  him,  shall  be  performed  by  the  state 
auditor. 

The  recall  may  also  be  exercised  by  the  electors  of  each  county,  city 
and  county,  city  and  town  of  the  state,  with  reference  to  the  elective 
officers  thereof,  under  such  procedure  as  shall  be  provided  by  law. 

Until  otherwise  provided  by  law,  the  legislative  body  of  any  such 
county,  city  and  county,  city  and  town  may  provide  for  the  manner  of 
exercising  such  recall  powers  in  such  counties,  cities  and  counties,  cities 
and  towns,  but  shall  not  require  any  such  recall  to  be  signed  by  electors 
more  in  number  than  twenty-five  percentum  of  the  entire  vote  cast  at  the 


40  ELECTION  LAWS 

last  preceding  election,  as  in  section  1  hereof  more  particularly  set  forth, 
for  all  the  candidates  for  office  which  the  incumbent  sought  to  be  recalled 
occupies,  as  herein  above  defined. 

Every  person  having  authority  to  exercise  or  exercising  any  public 
or  governmental  duty,  power  or  function,  shall  be  an  elective  officer,  or 
one  appointed,  drawn  or  designated  in  accordance  with  law  by  an  elective 
officer  or  officers,  or  by  some  board,  commission,  person  or  persons  legally 
appointed  by  an  elective  officer  or  officers,  each  of  which  said  elective 
officers  shall  be  subject  to  the  recall  provision* of  this  constitution;  pro- 
vided that,  subject  to  regulation  by  law,  any  person  may,  without  com- 
pensation therefor,  file  petitions,  or  complaints  in  courts  concerning 
crimes,  or  do  police  duty  only  in  cases  of  immediate  danger  to  person  or 
property. 

Nothing  herein  contained  shall  be  construed  as  affecting  or  limiting 
the  present  or  future  powers  of  cities  and  counties  or  cities  having  char- 
ters adopted  under  the  authority  given  by  the  constitution,  except  as  in 
the  last  three  preceding  paragraphs  expressed. 

In  the  submission  to  the  electors  of  any  petition  proposed  under  this 
article,  all  officers  shall  be  guided  by  the  general  laws  of  the  state,  except 
as  otherwise  herein  provided. 

This  article  is  self-executing,  but  legislation  may  be  enacted  to  facili- 
tate its  operations,  but  in  no  way  limiting  or  restricting  the  provisions  of 
this  article,  or  the  powers  herein  reserved. 

[Adopted  by  Initiative  Petition  November  5,  1912.] 


ARTICLE  XXIII— PUBLICATION  OF  LEGAL  ADVERTISING. 

Section  1.  Legal  advertising. — Proposed  constitutional  amendments 
and  proposed  initiated  and  referred  bills  shall  be  published  in  two  issues 
of  two  newspapers  of  opposite  political  faith  in  each  county  in  the  state. 
This  publication  shall  be  made  at  least  one  week  apart  and  not  less  than 
three  nor  more  than  five  weeks  before  the  election  at  which  the  said 
amendments  or  initiated  or  referred  bills  are  to  be  voted  upon. 

[Adopted  by  vote  of  the  people  November  5,  1918.] 


ELECTION 
LA^VS 


CONTENTS 


I.  GENERAL  ELECTIONS  Page 

(a)  Time  of  holding 41 

(b)  Call  and  notice  of  election 43 

(c)  Qualification  of  electors 44 

(d)  Nomination  and  certification  of  candidates — 

(1)  Primaries  45 

(2)  In  incorporated  towns 62 

(e)  Registration  of  electors — 

(1)  In   outlying   precincts   and   towns   of    less   than 
2,000  population 66 

(2)  In  cities  of  2,000  to  5,000  population 69 

(3)  Certain  special  and  general  elections.. 82 

(4)  In  cities  of  more  than  5,000  population 83 

(f)  Judges  and  clerks 106 

Appointment  of  judges — Counting  judges 109 

(g)  Polling  places  and  ballot  boxes Ill 

(h)  Forms,  preparation  and  distribution  of  ballots 114 

(i)    Headless  ballot 119 

(j)  Conduct  of  elections 12Q 

(k)  Absent  electors — Vote  by  mail 129 

(I)    Canvass  of  vote 131 

(1)  State  board  of  canvassers 132 

(2)  Correction  of  errors 134 

(m)  Contest  of  elections — 

(1)  Presidential     Elector,     Supreme,     District     and 
County  Judges 134 

(2)  State  officers 135 

(3)  Senators  and  Representatives 136 

(4)  County  officers 138 

(5)  Town,  precinct  and  school  officers 141 

(n)  Miscellaneous  provisions 142 

II.  SPECIAL  ELECTIONS  AND  VACANCIES 144 

in.        ELECTION  OF  PRESIDENT ' 145 

IV.  OFFENSES 146 

V.  LOCATION  AND  REMOVAL  OF  COUNTY  SEAT     156 

VI.  REAPPORTIONMENT— 

.  (a)  Congressional    159 

(h)  Legislative  .159 

VII.  INITIATIVE  AND  REFERENDUM  162 

VIII.  FORMS  169 


I.    General   Elections 


TIME   OF  HOZ^DZNO. 


Section  Section 

2136.  Time  of  holding  general  elec-  trict       attorney    —    District 

tions.  judge. 

2137.  State  officers  to  be  elected.  2139.     County   officers   to   be    elected. 

Election     of     United     States  2140.     County   commissioner — Justice 
senators.  — Constable — Other    officers. 

2138.  Judge      of     supreme      court —  2141.     Commencement     of    terms    of 

Electors    of    president — Dis-  office. 

2136.  Time  of  holding  general  election. — A  general  election  shall  be 
held  in  the  several  wards  and  precincts  in  this  state  on  the  first  Tuesday 
of  October,  A.  D.  1877,  1878  and  1879,  and  on  the  Tuesday  succeeding  the 
first  Monday  in  November,  A.  D.  1880,  and  on  the  Tuesday  succeeding  the 
first  Monday  of  November  in  every  year  thereafter.  [G.  S.,  §1154;  G.  L., 
§930.] 

[Election  day  in  November  is  a  legal  holiday.      Section   2949.] 

2137.  State  officers  to  be  elected. — At  the  general  election,  A.  D. 
1878,  and  every  alternate  year  thereafter,  there  shall  be  elected  the  fol- 
lowing state  ofiicers,  to-wit:  One  governor,  one  lieutenant-governor,  one 
secretary  of  state,  one  state  treasurer,  one  auditor  of  state,  one  superin- 
tendent of  public  instruction,  and  two  regents  of  the  university,  and  in 
each  representative  district  of  the  state  such  members  of  the  house  of 
representatives  as  they  may  severally  be  entitled  to.  State  senators 
shall  be  elected  in  every  senatorial  district  at  the  general  election  in  the 
year  when  the  term  of  office  of  senator  shall  expire  in  such  district,  re- 
spectively; also,  on  the  first  Tuesday  succeeding  the  first  Monday  of 
November,  A.  D.  1878,  and  every  alternate  year  thereafter,  there  shall  be 
elected  the  number  of  representatives  in  congress  to  which  the  state  may 
be  entitled.     [G.  S.,  §1156;  G.  L.,  §932.] 

[See  Constitution,  art.  4,  section  3,  for  election  of  officers  and  returns.] 
1.     The  above  section  is  referred  to  in  Guyer  vs.  Stutt,  68  Colo.,  422,  425. 

ELECTION   OF  UNITED  STATES  SENATORS. 

U.  S.  Senator — Time  of  election. — At  the  general  election  in  1914 
and  every  six  years  thereafter  there  shall  be  elected  one  United  States 
Senator  for  the  term  next  ensuing;  and  at  the  general  election  in  1918 
and  every  six  years  thereafter  there  shall  be  elected  one  United  States 
Senator  for  the  term  next  ensuing.-    [L.  '13,  p.  267,  §1.] 

U.  S.  Senator — Vacancy. — Whenever  a  vacancy  happens  in  the  office 
of  United  States  Senator  from  this  State,  the  Governor  shall  make  a 
temporary  appointment  to  fill  such  vacancy  until  the  same  is  filled  by 
election  as  hereinafter  provided      [L.  '13,  p.  267,  §2.] 

U.  S.  Senator — Vacancy — Election. — When  a  vacancy  happens  as 
aforesaid,  the  Governor  shall  issue  a  writ  of  election  to  the  Secretary  of 
State,  directing  him  to  include  in  his  general  election  notice  for  the  next 
general  election  a  notice  of  the  filling  of  such  vacancy,  whereupon  the 
Secretary  of  State  shall  give  notice  accordingly,  and  at  such  election 
the  vacancy  shall  be  filled  for  the  unexpired  term;  but  if,  for  any 
reason,  no  United  States  Senator  is  elected  at  the  next  general  election 
the  person  temporarily  appointed  by  the  Governor  shall  hold  over  until 
a  United  States  Senator  is  elected  at  a  succeeding  general  election.  [L. 
'13,  p.  267,  §3.] 


42  ELECTION  LAWS 

What  election  laws  apply. — All  laws  of  this  State  relating  to  primary 
and  other  elections  shall  prevail  as  to  the  election  of  United  States  Sena- 
tors, and  the  canvass  of  the  returns  for  the  election  of  such  United  States 
Senators  shall  be  held  in  the  same  manner  as  is  now  provided  by  law  for 
the  election  of  Representatives  in  Congress.     [L.  '13,  p.  267,  §4.] 

2138.  Judge  of  the  supreme  court — Election  of  president — District 
attorney — District  judge. — At  the  general  election,  A.  D.  1879,  and  every 
third  year  thereafter,  there  shall  be  elected  one  judge  of  the  supreme 
court,  and  in  each  judicial  district  of  the  state,  one  district  attor- 
ney. At  the  general  election,  A.  D.  1880,  and  every  fourth  year 
thereafter,  there  shall  be  elected  such  a  number  of  electors  of  presi- 
dent and  vice-president  of  the  United  States  as  the  state  may  be 
entitled  to  in  the  electoral  college;  and  at  the  general  election  in 
1882,  and  every  sixth  year  thereafter,  there  shall  be  elected  in  each 
judicial  district  one  judge  of  the  district  court.  [Gr.  S.,  §1157;  G.  L., 
§933.] 

[See  Constitution,  art.  6,  sections  6-8,  for  election  and  term  of  supreme 

judge.] 

[See  Constitution,  art.  6,  section  15,  for  election  of  district  judge.] 

[See   Constitution,   art.    6,    section   21,   for   election   and   term   of  district 

attorney.] 

1.  The  Constitution  of  Colorado,  Article  VI,  Section  12,  provides  that 
district  judges  shall  be  elected  for  a  term  of  six  years.  Section  15  provides 
that  the  terms  of  all  district  judges  shall  expire  on  the  same  day.  Section  29 
providing  for  vacancies,  authorizes  those  elected  to  hold  their  office  for  the 
unexpired  term.  Section  14,  as  it  stood  in  1878,  provided  for  an  increase  in 
the  number  of  districts  and  judges  not  oftener  than  once  in  six  years.  By 
the  amendment  of  1886  such  increase  can  be  made  at  any  legislative  session, 
and  such  an  increase  was  made  in  1887,  Held  that,  in  order  to  cause  the 
expiration  of  all  terms  on  the  same  day  the  provision  of  Section  12  is  to  be 
considered  as  so  far  modified  that  the  judges  of  new  districts,  and  additional 
judges  of  old  districts,  hold  only  until  the  next  regular  election  of  judges. 
In  re-  Election  of  District  Judges,   11  Colo.,   373. 

2.  Judges  of  the  district  court  who  are  elected  at  the  regular  sexennial 
election  hold  their  ofl[ice  for  the  term  of  six  years,  and  those  elected  to  fill 
a  vacancy  hold  only  for  the  expired  term.  People  ex  rel  Bentley  vs.  LeFevre, 
21  Colo.,  218,  243. 

3.  The  above  session  is  referred  to  in  Guyer  vs.  Stutt,  68  Colo.,  422,  425. 

2139.  County  officers  to  be  elected. — At  the  general  election,  A.  D. 
1877,  and  every  alternate  year  thereafter,  there  shall  be  elected  in  every 
county  of  the  state  the  following  county  officers,  to-wit:  One  county 
clerk,  who  shall  be  ex  officio  recorder  of  deeds  and  clerk  of  the  board  of 
county  commissioners;  one  sheriff,  one  coroner,  one  treasurer,  who  shall 
be  collector  of  taxes;  one  county  superintendent  of  schools,  one  county 
surveyor  and  one  county  assessor.  There  shall  also  be  elected  in  every 
county  of  the  state  at  the  general  election,  A.  D.  1877,  and  every  third 
year  thereafter,  one  county  judge.    [G.  S.,  §1155;  G.  L.,  §931.] 

[See  Constitution,  art.  14,  section  8,  for  election  of  county  officers.] 
[See   Constitution,    art.    6,    section    22,    for   election    and    term   of  county 
judge.] 

[For  time  of  election  of  juvenile  judge  see  section  1594.] 

1.     The  above  section  is  referred  to  in  Guyor  vs.  Stutt,  68  Colo..  422.  425. 

2140.  County  commissioners — Justice — Constable — Other  officers. — 
At  the  general  election,  A.  D.  1877,  and  annually  thereafter,  there  shall 
be  elected  in  each  county  of  the  state  one  county  commissioner,  whose 
term  of  office  shall  be  three  years,  and  in  each  justice's  precinct,  except 
wards  in  incorporated  cities,  there  shall  be  elected  at  the  general  elec- 
tion, A.  D.  1877,  and  annually  thereafter,  one  justice  of  the  peace  and  one 
constable,  whose  terms  of  office  shall  be  two  years;  and  all  other  officers, 
not  herein  specified,  that  now  are  or  hereafter  may  be  created  shall, 
unless  otherwise  provided,  be  elected  on  the  day  of  the  general  election. 
[G.  S.,  §1158;  G.  L.,  §934.] 

[This  section  nullified  by  Amendment  to  Constitution,  art.  14,  section  8.] 
[See   Constitution,    art.    14,    section    6,    for    election    of    county    commis- 
sioners.] 


ELECTION  LAWS  43 

[See  Constitution,  art.  14,  section  11,  for  election  of  justices  and  con- 
stables.] 

1.     The  above  section  is  referred  to  in  Guyer  vs.  Stutt,  68  Colo.,  427,  425. 

2141.  Commencement  of  terms  of  office. — The  regular  term  of  office 
of  all  state,  district,  county  and  precinct  officers  and  of  the  judges  of  the 
supreme  court  shall  commence  on  the  second  Tuesday  of  January  next 
after  their  election,  except  as  otherwise  provided  by  law.  [G.  S.,  §1160; 
L.  '81,  p.  113,  §1;  amending  G.  L.,  §&36.] 

1.  The  above  section  is  referred  to  in  People  ex  rel  Robinson  vs.  Bough- 
ton,   5  Colo.,   487,   490. 

2.  The  regular  term  of  office  of  a  county  commissioner  commences  on  the 
second  Tuesday  of  January  after  his  election.  People  ex  rel  Jones  vs.  Carver, 
5    Colo.   App.,    157,    158. 

3.  The  above  section  is  referred  to  in  re  Election  of  District  Judges,  11 
Colo.,    373,    375. 

4.  The  regular  terms  of  district  judges  begin  on  the  second  Tuesday  of 
January  next  after  their  election.  People  ex  rel  Bentley  vs.  Le  Fevre.  21 
Colo.,    218,    228. 

5.  The  above  section  is  referred  to  in  People  ex  rel  Bentley  vs.  Le  Pevre, 
21   Colo.,    218,   243. 

B.     CAI^Z.  AND   SrOTICE   OF  EI^ECTIONS. 

Section  Section 

2142.  Secretary      of      state      notify        2144.     County  clerk  to  give  notice  of 

county  clerks,  election. 

2143.  Vacancies   to  be  filled  at  gen-       2145.     Submitting      constitutional 

eral   election — Notice.  amendments. 

2142.  Secretary  of  state  notify  county  clerks. — The  secretary  of 
state  shall  at  least  thirty  days  previous  to  any  general  election,  at  which 
officers  of  the  executive  department,  regents  of  the  university,  members 
of  the  general  assembly,  judges  of  the  supreme  and  district  courts,  dis- 
trict attorneys,  representatives  in  congress,  and  presidential  electors,  are 
to  be  elected  for  a  full  term,  make  out  and  cause  to  be  delivered,  or  trans- 
mitted by  registered  letter,  to  the  county  clerk  of  each  county,  a  notice 
in  writing,  stating  that  at  the  next  general  election  the  before  mentioned 
officers  are  to  be  elected,  or  so  many  of  such  officers  as  are  then  to  be 
chosen;  when  members  of  the  general  assembly  are  to  be  elected,  and 
are  included  in  such  notice,  it  shall  specify  the  number  of  the  district,  and 
the  name  of  the  member  or  members  whose  terms  of  office  will  expire. 
[G.  S.,  §1168;  G.  L.,  §944.] 

1.  This  section  referred  to  in  re  Election  of  District  Judges,  11  Colo., 
373,  374.  ^ 

2.  "It  was  evidently  the  legislative  purpose  to  require  these  notices  to 
be  pulished  to  give  voters  full  information  of  the  offices  which  are  to  be 
filled."      People  vs.   Kerwin,    10    Colo.   App.,    472,    475. 

2143.  Vacancies  to  be  filled  at  general  election — Notice. — Whenever 
there  is  a  vacancy  in  any  of  the  offices  mentioned  in  the  preceding  sec- 
tion, (which  is  by  law  to  be  filled  at  the  general  election,  at  which  county 
officers  are  elected),  the  secretary  of  state,  shall,  at  least  thirty  days  pre- 
vious to  said  election,  give  notice  in  writing  as  provided  for  in  the  preced- 
ing section,  and  said  notice  shall  specify  the  office  in  which  a  vacancy 
exists;  the  cause  of  such  vacancy;  the  name  of  the  officer  in  whose  office 
it  has  occurred,  and  the  time  when  his  term  of  office  will  expire.  [G.  S., 
§1169;  G.  L.,  §945.] 

1.     See  note   2   under  previous  section. 

2144.  County  clerk  give  notice  of  election. — The  county  clerk  shall 
give  notice  in  writing  of  each  general  or  special  election,  in  which  shall 
be  stated  the  time  when  it  will  be  held,  and  the  officers  then  to  be  elected, 
by  causing  the  same  to  be  published  in  a  newspaper  having  general  cir- 
culation in  the  county,  and  sending  a  copy  of  such  notice  by  mail  to  the 
judges  of  election  in  each  precinct,  to  be  posted  at  the  place  of  voting,  at 
least  fifteen  days  before  such  time.     [G.  S.,  §1170;  G.  L.,  §946.] 


44  ELECTION  LAWS 

Where  the  office  of  county  commissioner  became  vacant  by  death  of 
the  incumbent  nine  days  before  a  general  election,  and  no  notice  was  given 
by  the  county  clerk  of  the  election  of  a  commissioner  as  required  by  Section 
1170,  General  Statutes,  and  no  nominations  were  made  by  the  differeiit  politi- 
cal parties  of  candidates  for  said  office,  but  a  committee  purporting  to  repre- 
sent one  political  party  for  the  purpose  of  filling  vacancies  in  nominations, 
filed,  with  the  county  clerk  a  nomination  for  said  office  whose  name  was 
printed  on  the  ballot  and  voted  for,  such  election  was  invalid  for  the  reason 
that  no  such  public  notice  was  given  as  is  required  by  statute,  and  a  party 
appointed  by  the  governor  to  fill  such  vacancy  was  entitled  to  the  office. 
People  vs.  Kerwin,    10  Colo.  App.,   472. 

2145.  Submitting  constitutional  amendments. — Whenever  a  proposed 
constitutional  amendment  or  other  question  (except  the  incurring  of  a 
bonded  indebtedness)  is  to  be  submitted  to  the  people  of  the  state,  for 
popular  vote  at  any  general  election,  the  secretary  of  state  shall  duly, 
and  not  less  than  fifteen  days  before  election,  certify  the  same  to  the 
clerk  of  each  county  of  the  state,  and  the  clerk  of  each  county  shall  in- 
clude the  propositions  or  questions  to  be  submitted  as  they  will  appear  in 
the  ballot  to  be  used  on  election  day,  in  the  publication  provided  for  by 
section  eleven  of  this  act,  and  in  the  notice  provided  for  by  section  12. 
[L.  '91,  p.  150,  §16.] 

[Section  11  referred  to  is  section  2159.] 
[Section  12  referred  to  is  section  2160.] 
1.     This  section  referred  to  in  re  House  resolution  No.  10,  50  Colo.,  71,  75. 

C.     QUAI^ZFICATIONS  OF  EI.ECTOBS. 

Section  Section 

2146.  Qualifications  of  voters.  2149.     Absence   in  military   service — 

2147.  Right     of    women     to    vote —  Students — Paupers. 

Qualifications.  2150.     Qualified    electors    eligible    to 

2148.  Prisoners    can    not    vote — Ef-  oflace. 

feet   of   pardon    or   full    ser- 
vice— Lunatics. 

2146.  Qualifications  of  voter. — Every  person  over  the  age  of  twenty- 
one  years,  possessing  the  following  qualifications,  shall  be  entitled  to  vote 
at  all  elections: 

First — He  shall  be  a  citizen  of  the  United  States. 

Second — He  shall  have  resided  in  this  state  one  year  immediately 
preceding  the  election  at  which  he  offers  to  vote;  in  the  county  ninety 
days;  in  the  city  or  town  thirty  days,  and  in  the  ward  or  precinct  ten 
days.  [L.  '03,  p.  214,  §1;  amending  G.  S.,  §1150;  L.  '81,  p.  113,  §1;  which 
amended  G.  L.,  §921.] 

1.  The  old  section,  General  Statutes  1883,  Section  1150,  is  referred  to  in 
County  Commissioners  vs.  Love,  26  Colo.,  304,  which  is  a  decision  under  the 
old    constitutional    provisions    relative    to    electoral    qualifications. 

2147.  Right  of  women  to  vote — Qualifications. — That  every  female 
person  shall  be  entitled  to  vote  at  all  elections,  in  the  same  manner  in  all 
respects  as  male  persons  are,  or  shall  be  entitled  to  vote  by  the  consti- 
tution and  laws  of  this  state,  and  the  same  qualifications  as  to  age,  citi- 
zenship, and  time  of  residence  in  the  state,  county,  city,  ward  and  pre- 
cinct; and  all  other  qualifications  required  by  law  to  entitle  male  persons 
to  vote  shall  be  required  to  entitle  female  persons  to  vote.  [L.  '93,  p. 
256,  §1.] 

2148.  Prisoners  can  not  vote — Effect  of  pardon  or  full  service — 
Lunatics. — No  person  under  guardianship,  non  compos  mentis,  or  insane, 
shall  be  qualified  to  vote  at  any  election,  nor  shall  any  person  while  con- 
fined in  any  public  prison  be  entitled  to  vote,  but  every  such  person  who 
was  a  qualified  elector  prior  to  such  imprisonment,  and  who  is  released 
therefrom  by  pardon  or  by  having  served  out  his  full  term  of  imprison- 
ment, shall  be  vested  with  all  the  rights  of  citizenship  except  as  provided 
in  the  constitution.     [G.  C,  §1151;  G.  L.,  §927.] 

[See  also  section  2027.] 


ELECTION  LAWS  45 

2149.  Absence  in  military  service — Students — Paupers. — For  the  pur- 
pose of  voting  and  eligibility  to  ofl3ce,  no  person  shall  be  deemed  to  have 
gained  a  residence  by  reason  of  his  presence,  or  lost  it  by  reason  of  his 
absence,  while  in  the  civil  or  military  service  of  the  state  or  of  the  United 
States,  nor  while  a  student  at  any  institution  of  learning,  nor  while  kept 
at  public  expense  in  any  poorhouse  or  other  asylum,  nor  while  confined 
in  public  prison.     [G.  S.,  §1152;  G.  L.,  §928.] 

2150.  Qualified  electors  eligible  to  office. — Every  qualified  elector 
shall  be  eligible  to  hold  any  office  of  this  state  for  which  he  is  an  elector, 
except  as  otherwise  provided  by  the  constitution.  [G.  S.,  §1153;  G.  L., 
§929.] 

[When  conviction  of  felony  disqualifies  frorxi  holding  ofllce.  Section 
2026.] 

Section  1.  Taxpaying  Electors — Definitions. — The  term  "taxpayer," 
"taxpaying  elector"  or  "qualified  taxpaying  elector"  shall  be  held  to  mean 
and  include  only  those  persons  who  are  qualified  voters  under  the  regis-, 
tration  and  election  laws  of  this  State  and  who,  in  the  calendar  year  last 
preceding  the  election  at  which  such  vote  is  offered,  shall  have  paid  a 
tax,  or  be  liable  for  the  payment  of  such  tax  upon  real  or  personal  prop- 
erty assessed  to  them  and  owned  by  them  in  the  county  where  such  vote 
is  offered.  And  the  taking  or  placing  of  the  title  to  property  in  the  name 
of  another,  or  the  payment  of  taxes  or  the  taking  or  issuing  of  a  tax 
receipt  in  the  name  of  another,  for  the  purpose  of  attempting  to  qualify 
such  person  as  a  "taxpayer"  or  as  a  "taxpaying  elector"  or  as  a  "qualified 
taxpaying  elector"  shall  be  deemed  a  fraud  against  the  ballot  and  any 
ballot  cast  by  such  person  shall  be  void. 

Sec.  2.  Persons  benefiting  by  violation  of  this  act  shall  forfeit  III- 
gotten  gains. — Any  person,  company,  corporation  or  association  violating 
any  of  the  terms  or  provisions  of  this  act,  or  aiding  or  assisting  any  one 
to  violate  the  same,  either  directly  or  indirectly,  shall  forfeit  and  lose  all 
rights,  franchises  or  other  benefits  accruing  or  to  accrue  to  the  benefit 
of  such  person,  company,  corporation  or  association  by  or  as  the  result  of 
any  such  election,  and  the  same  shall  be  null  and  void.  [L.  '09,  pp.  511, 
512,  §1,  2.] 

1.  The  statute  of  5  and  6  Edward  6,  Ch.  16,  insofar  as  the  same  dis- 
qualifies a  person  from  holding  an  office  who  has  resorted  to  corrupt  means 
to  obtain  has  not  any  force  in  this  state.  The  above  section  repeals  that 
statute.     People  ex  rel  Thomas  vs.  Goddard,  8  Colo.,  432. 

2.  "The  constitution  enjoins  upon  the  legislative  assembly  the  duty  of 
passing  laws  to  preserve  the  purity  of  the  ballot,  but  that  instrument  does 
not  make  the  specific  misconduct  charged  in  this  information  a  disqualification 
to  hold  office.     People  ex  rel  Thomas  vs.  Goddard,  8  Colo.,  432,  434. 

Section  1.  At  an  election  held  under  C.  153,  of  the  Acts  of  1899,  (Revised 
Statutes,  Section  6525,  CI.  67).  Only  taxpayers  of  the  city  are  entitled  to  vote. 
A  taxpayer  of  a  county  residing  within  the  city,  but  paying  no  taxes  on 
property  within  the  city,  is  not  entitled  to  vote.  Citizens  of  Loveland  vs. 
Western  Light  &  Power  Co.,  65  Colo.,  55. 

D.     NOMIITATION  AND  CERTIFICATION  OF  CANDIDATES. 

1.     PRIMARIES. 

Section  1.  Nominations  by  direct  primary  elections — Exceptions — 
Assembly  nominations — Certification. — That  all  political  parties  shall  make 
all  nominations  for  candidates  for  the  United  States  Senate,  members  of 
the  House  of  Representatives  in  Congress,  all  elective  State,  District,  city, 
county,  city  and  county,  ward  and  precinct  offices,  members  of  the 
Senate  and  House  of  Representatives  of  the  State  of  Colorado,  by  direct 
primary  elections,  and  the  Secretary  of  State  and  county  and  city 
clerks  in  the  several  counties  in  Colorado  are  prohibited  from  placing 
on  the  official  election  ballot  the  name  of  any  person  as  a  candidate  of 
any  political  party  not  nominated  in  accordance  with  the  provisions  of 
this  act;  Provided,  That  this  act,  except  as  hereinafter  specifically  pro- 
vided for,  shall  not  be  held  to  apply  to  nominations  for  special  elections 
for  filling  vacancies  for  unexoired  terms,  and  shall  not  be  held  to  refer 


46  ELECTION  LAWS 

to  nominations  to  municipal  oflaces  of  any  "Incorporated  Town,"  so  de- 
nominated under  tlie  statutes  of  the  State  of  Colorado,  and  shall  not  be 
held  to  apply  to  the  selection  of  delegates  to  any  national  political  assem- 
blies or  to  the  nomination  of  presidential  electors;  and  Provided  further, 
That  all  such  last  named  nominations  by  political  parties  shall  be  made 
by  assemblies  of  the  several  political  parties,  and  delegates  to  assemblies 
of  political  parties  shall  be  selected  as  specified  by  the  rules  and  regu- 
lations of  the  respective  political  parties  participating  therein;  and 
Provided  further,  That  the  certification  of  the  due  and  proper  nomination 
of  candidates  for  presidential  electors  and  for  the  several  offices  above 
referred  to  in  "Incorporated  Towns,"  and  to  fill  vacancies  shall  be  as 
respectively  provided  by  law. 

[For  Nomination  and  Election  of  U.  S.  Senators,  see  Pages  25-26.] 

1.  In  common  use  the  phrase  "political  party"  is  synonymous  with 
political  organization;  but  the  legislature  by  C.  4  of  the  Laws  of  1910, 
made  a  marked  distinction  between  them.  Election  Commission  of  the  City 
and  County  of  Denver  vs.  The  People  ex  rel  Lee,  58  Colo.,   105. 

2.  An  association  of  electors,  who,  by  petition,  place  upon  the  official 
ballot,  individual  nominees  for  public  office  are  a  "political  organization," 
even  though  this  is  not  their  intention.     Idem. 

3.  To  becomie  a  political  party  it  must  participate  in  the  election,  and  its 
candidate  for  governor  must  receive  at  least  10  per  cent  of  the  total  vote 
cast  at  such  election.     Idem. 

4.  A  political  party  cannot  nominate  by  petition,  nor  can  a  political 
organization  so  nominating,  adopt  any  portion  of  the  name  of  a  political  party 
then  existing.     Idem. 

5.  A  political  organization  is,  under  the  statute,  a  distinct  entity  which 
can  neither  coalesce  with  another,  nor  lose  its  identity  therein  by  the  mere 
fact  that  its  candidates,  principles,  and  management  are  the  same.     Idem. 

Sec.  2.  Political  parties  to  have  separate  tickets — Political  party 
defined — Assembly  defined. — Any  political  organization  which,  at  the 
general  election  last  preceding  any  primary  election  provided  for  in  this 
act,  was  represented  on  the  ofllcial  ballot  by  either  regular  party  candi- 
dates or  by  individual  nominees  only  may,  upon  complying  with  the  pro- 
visions of  this  act  have  a  separate  primary  election  ticket  as  a  political 
party,  if  its  candidate  for  Governor  received  ten  per  cent  of  the  total  vote 
cast  at  such  last  preceding  general  election  in  this  State;  and  any  such 
political  organization  shall  be  a  "political  party,"  within  the  meaning  of 
the  term  used  in  this  act.  An  assembly  of  a  political  party  within  the 
meaning  of  this  act  is  an  organized  assemblage  of  voters  or  delegates 
representing  such  political  party,  organized  in  accordance  with  the  rules 
and  regulations  of  such  political  party. 

1.  See  notes  1  to  5,  inclusive,  under  the  previous  section. 

2.  Distinct  political  organizations,  under  different  names,  presented  the 
same  gentlemen  as  their  candidate  for  governor.  One  of  these  was  denom- 
inated the  Progressive  Party.  On  application  to  the  Election  Commission  of 
Denver  by  those  claiming  this  title,  to  accept  and  use  in  the  appointment  of 
judges  and  registrars,  at  the  next  succeeding  election,  certain  electors  nom- 
inated by  them;  Held  that  the  votes  cast  by  all  these  several  organizations 
for  the  same  candidate,  were  not  to  be  considered  as  cast  by  the  Progressive 
Party.  The  right  of  the  relator  it  was  said  is  not  conditioned  upon  the  number 
of  votes  which  its  candidate  received,  but  upon  the  number  which  his  organi- 
zation cast.  Election  Commission  of  the  City  and  County  of  Denver  vs.  The 
People  ex  rel  Lee,  58  Colo..  105. 

Sec.  3.  This  act  effective — Direct  primary  election,  when  and  where 
held. — This  Act  shall  be,  and  become  effective  for  the  nomination  of  can- 
didates for  election  in  November,  1912.  A  direct  primary  election  to 
nominate  candidates  to  be  voted  for  at  the  general  election  in  Novem- 
ber, 1912,  shall  be  held  at  the  regular  polling  places  in  each  precinct  on 
the  second  Tuesday  of  September,  1912,  and  biennially  thereafter,  for 
the  nomination  of  candidates  to  be  voted  for  at  the  succeeding  general 
election.  Every  direct  primary  election  other  than  the  September  pri- 
mary election  shall  be  held  four  weeks  before  the  election  for  which 
candidates  are  to  be  nominated  at  such  direct  primary  election. 

Sec.  4.  Candidates  for  nomination,  how  placed  on  ballot. — All  can- 
didates for  nominations  to  be  made  at  any  such  primary  election  shall  be 
placed  on  the  direct  primary  ballot  by  petition  or  certificate  of  designa- 
tion by  assembly,  as  hereinafter  provided. 


ELECTION  LAWS  47 

No  such  petition  shall  contain  the  name  of  more  than  one  person 
for  the  same  office.  Every  such  petition  shall  state  the  name  of  the 
office  for  which  such  person  is  a  candidate,  his  name,  postoffice,  resi- 
dence, and  street  number  of  residence,  and  place  of  business,  if  any,  and 
shall  designate  in  not  more  than  three  words  the  name  of  the  political 
party  which  such  candidate  represents.  All  such  assembly  candidates 
for  nomination  by  a  political  party  shall  be  certified  by  the  presiding 
officer  and  secretary  of  the  assembly  of  the  political  party  making  the 
same,  and  shall  be  filed  within  the  time,  and  with  the  same  officer  with 
whom  nominations  by  petition  for  like  offices  are  to  be  filed,  as  in  this 
Act  provided;  and  such  presiding  officer  and  secretary  so  certifying  to 
said  candidate  for  nomination  shall  add  to  their  signature  their  respective 
places  of  residence  and  postoffice  address,  and  make  oath  by  affidavit 
thereto  attached  before  an  officer  qualified  to  acknowledge  the  same  that 
affiants  are  such  officers  of  such  assembly  and  that  the  statements  con- 
tained in  such  certificate  are  true  to  the  best  of  their  knowledge  and 
belief. 

Assembly  designations  of  candidates  for  nomination  on  the  Direct 
Primary  Ballot  may  be  made  by  assemblies  of  the  several  political  parties 
and  delegates  to  such  assemblies  of  political  parties  selected  as  specified 
by  the  rules  and  regulations  of  the  respective  political  parties  as  now 
provided  for  the  holding  of  assemblies,  or  as  hereafter  may  be  provided 
by  such  political  parties  for  the  holding  of  assemblies  by  the  respective 
political  parties  participating  therein  and  as  follows: 

Any  such  assembly  shall  take  only  one  ballot  upon  candidates  for 
each  office  to  be  filled  at  the  ensuing  election  and  within  the  jurisdiction 
of  such  assembly. 

EJvery  such  candidate  receiving  ten  per  cent,  or  more,  of  the  votes 
of  the  duly  accredited  delegates  to  such  assembly  for  any  office  to  be 
voted  upon  at  such  ensuing  election,  shall  be  certified  as  hereinbefore 
provided,  and  shall  be  placed  upon  the  Direct  Primary  Ballot  as  a  can- 
didate for  such  office  before  the  ensuing  Primary  election. 

All  candidates  designated  and  certified  by  assembly  for  a  particular 
office  shall  be  placed  on  the  Direct  Primary  Ballot  in  the  order  of  the 
vote  received  by  each  such  candidate:  That  is  to  say,  the  candidate 
receiving  the  highest  vote  shall  be  placed  first  in  order  on  such  Direct 
Primary  Ballot,  followed  by  the  candidate  receiving  the  next  highest 
vote,  and  so  on  until  all  of  the  candidates  so  designated  by  such  assem- 
bly shall  have  been  placed  on  such  ballot;  Provided,  that  no  assembly 
shall  in  any  wise  declare  that  any  candidate  voted  for,  has  received  the 
nomination  of  any  such  assembly,  and,  Provided  further,  that  any  candi- 
date so  designated  by  assembly  shall  file  his  written  acceptance  of  the 
same  with  the  officer  with  whom  certificates  and  petitions  are  herein 
provided  to  be  filed,  within  seven  days  after  the  adjournment  of  such 
assembly.  All  candidates  by  petition  for  any  particular  office  shall  fol- 
low assembly  candidates  and  shall  be  placed  on  the  Direct  Primary  Bal- 
lot in  alphabetical  order. 

[See  Forms  P.  B.  Nos.  3  and  4.] 

Sec.  5.  Number  of  signatures  required  on  petitions — Limitations — 
Electors  signing  petition  to  give  address  and  precincts,  and  make  oath — 
Petition  requirements — Acceptance  of  candidate. — Every  such  petition 
in  the  case  of  a  candidate  for  any  National,  State  or  district  office  greater 
than  a  county,  shall  be  signed  by  not  less  than  three  hundred  duly  qual- 
ified electors,  resident  within  the  State  or  district  for  which  the  officer 
is  to  be  elected,  and  in  the  case  of  a  candidate  for  any  other  elective 
office,  shall  be  signed  by  not  less  than  one  hundred  duly  qualified  electors, 
resident  within  the  political  subdivision  for  which  the  officer  is  to  be 
elected;  Provided,  however.  That  no  such  petition  shall  require  more 
signers  thereto  than  ten  per  cent  of  the  gubernatorial  votes  cast  by  such 
political  party  at  the  last  preceding  election  in  such  political  subdivision. 
The  electors  supporting  such  petition  shall  write  opposite  their  names 
their  respective  addresses,  and  election  precincts  wherein  resident  as 
Buch  electors,  and  shall  make  oath  by  affidavit  thereto  attached,  before 


48  ELECTION  LAWS 

any  officer  authorized  to  administer  the  same,  to  the  truth  thereof,  and 
that  each  such  candidate  Is  placed  in  nomination  on  behalf  ot  the  poiiucai 
party  named  in  the  petition,  and  is  affiliated  with  the  principles  thereof; 
that  affiants  intend  to  vote  for  such  candidate  at  the  ensuing  direct 
primary  election,  and  that  affiants  have  not  signed  any  other  petition 
for  any  other  candidate  for  the  same  office  designated  by  such  petition. 
Such  petition  may  consist  of  one  or  more  sheets,  to  be  fastened  together 
in  the  form  of  one  petition,  but  each  sheet  shall  contain  the  same  head- 
ing, and  the  affidavit  of  the  subscribing  electors  shall  be  endorsed  on  the 
sheet  on  which  their  names  shall  be  signed.  Every  such  petition  before 
the  same  is  filed  with  the  proper  officer  as  herein  designated,  shall  have 
endorsed  thereon  or  thereto  appended  in  writing,  either  on  the  first  or 
last  sheet  of  said  petition,  the  acceptance  of  such  candidate  of  such  nomi- 
nation by  acknowledgment  before  any  officer  authorized  to  take  acknowl- 
edgments. 

[See  Forms  P.  E.  Nos.  1  and  2.] 

Sec.  6.  Petitions,  where,  when,  and  with  whom  filed. — EVery  such 
petition  shall,  in  the  case  of  a  candidate  for  any  National,  State  or  dis- 
trict office  greater  than  a  county,  be  filed  in  the  office  of  the  Secretary  of 
State,  and  in  the  case  of  a  candidate  for  any  other  elective  office,  other 
than  municipal  or  city,  in  the  office  of  the  county  clerk  wherein  such 
candidate  is  placed  in  nomination,  not  more  than  sixty  days  and  not  less 
than  thirty  days  prior  to  the  ensuing  direct  primary  election,  and  in 
the  case  of  a  municipal  or  city  candidate,  in  the  office  of  the  municipal 
or  city  clerk,  not  more  than  thirty  days  and  not  less  than  twenty  days 
prior  to  the  ensuing  direct  primary  election. 

[See  Form  P.  E.  No.  8.] 

Sec.  7.  Secretary  of  state  shall  transmit  list  of  candidates  to  county 
clerks — Primary  election  notice  to  be  published  and  posted. — At  least 
twenty  days  before  any  September  direct  primary  election,  the  Secretary 
of  State  shall  transmit  to  each  county  clerk  a  certified  list  of  each  and 
every  person  entitled  to  be  voted  for  at  such  primary  election,  and  the 
office  for  which  such  person  is  a  candidate,  together  with  the  other  de- 
tails mentioned  In  the  nomination  papers  filed  in  the  office  of  the  Secre- 
tary of  State.  Each  county  clerk  shall,  at  least  ten  days  before  the 
September  direct  primary  election,  publish  once  in  a  condensed  form 
under  the  proper  party  designation  and  under  the  title  of  each  office,  the 
names  and  addresses  of  all  persons  for  whom  nomination  papers  have 
been  filed,  insofar  as  the  same  shall  effect  the  electors  of  his  county, 
giving  the  date  of  the  direct  primary  election,  the  hours  during  which 
the  polls  will  be  open,  and  reciting  that  the  said  primary  election  will 
be  held  in  the  lawful  polling  places  designated  in  each  precinct,  and  shall 
cause  to  be  posted  copies  of  such  notice  in  at  least  two  public  places  in 
all  rural  precincts  in  his  county. 

Sec.  8.  Publication  In  two  newspapers. — Any  publication  required  in 
this  act  shall  be  made  once  in  two  newspapers,  if  such  there  be,  of  gen- 
eral circulation,  published  in  each  county  or  city  where  such  direct  pri- 
mary elections  are  to  be  held,  representing  the  two  political  parties  that 
cast  respectively  the  largest  and  the  next  largest  vote  in  such  city  or 
county  at  the  last  preceding  general  election. 

Sec.  9.  Method  of  voting — Separate  party  ballots — City  and  munici- 
pal elections — Form  of  ballot. — ^The  method  of  voting  at  such  direct  pri- 
mary election  shall  be  by  ballot,  as  herein  provided. 

Not  later  than  ten  days  before  the  September  direct  primary  elec- 
tion, the  county  clerk  shall  group  all  the  candidates  for  each  party  by 
themselves  and  shall  prepare  at  once  in  writing  a  separate  sample  bal- 
lot for  each  party  for  public  Inspection  and  shall  forthwith  proceed  to 
have  the  primary  election  ballots  printed  In  the  following  manner: 


ELECTION  LAWS  49 

All  tickets  shall  be  uniform  in  color  and  size,  shall  be  white  and 
printed  in  black  ink.  Across  the  head  of  each  ballot  shall  be  printed  in 
plain  black  type,  "OFFICIAL  DIRECT  PRIMARY  ELECTION  BALLOT." 
On  the  next  line  shall  be  printed  the  name  of  the  political  party,  and  be- 
low that  the  precinct,  ward,  city  and  county  in  which  the  ballot  is  to 
be  used.  Then  shall  follow  the  words,  "To  Vote  for  a  Person  Mark  a 
Cross  (X)  in  the  First  Square  at  the  Right  of  the  Name  of  the  Person  For 
Whom  You  Desire  to  Vote."  Beginning  at  the  top  of  the  left  hand  column 
at  the  left  of  the  line  in  black  type,  shall  appear  the  designated  oflBce 
for  which  the  respective  names  following  are  the  names  of  candidates, 
and  to  the  extreme  right  of  the  ^ame  line  the  words,  "Vote  For,"  then 
the  words,  "One,"  "Two,"  or  a  spelled  number  designating  how  many 
persons  under  that  head  are  to  be  voted  for. 

Following  this  shall  come  the  name  of  each  candidate  for  that  office, 
enclosed  in  a  light-faced  rule,  with  a  square  to  the  right  of  said  name, 
said  square  being  separated  by  a  heavy,  black-faced  rule,  the  parallel 
rules  containing  the  names  and  the  squares  to  be  one-sixth  of  an  inch 
apart  and  not  more  than  two  and  one-sixth  inches  long  over  all,  and 
following  the  names  of  all  the  candidates  for  any  particular  office  shall 
be  a  blank  space  or  spaces,  wherein  the  voter  may  write  the  name  or 
names  of  one  or  more  candidates  according  to  the  number  of  candidates 
to  be  nominated  for  such  office,  for  which  the  voter  is  entitled  to  vote. 
Each  position,  with  the  names  of  the  candidates  for  that  office  shall  be 
separated  from  the  following  one  by  a  black-faced  rule,  to  separate  each 
position  clearly.  The  positions  shall  be  arranged  as  follows,  insofar  as 
selections  are  to  be  made  or  preferences  indicated  in  such  county  under 
the  provisions  of  this  act:  First,  candidates  for  United  States  Senator; 
next,  congressional  candidates;  next,  State  candidates;  next,  legislative 
candidates;  next,  other  district  candidates  greater  than  a  county;  next, 
county  candidates;  next,  precinct  candidates;  next,  candidates  for  pre- 
cinct members  of  the  party  committees  of  the  several  parties.  The 
names  of  the  candidates  for  each  office  upon  the  ballot  and  under  the 
heading  designating  each  official  position  upon  the  ballot  to  be  used  in 
voting,  shall  be  arranged  as  provided  in  section  4  of  this  act.  A  black 
space  two  inches  square  shall  be  printed  on  the  face  of  the  ballot  in  the 
lower,  left-hand  corner  of  each  ticket  of  the  ballot.  There  shall  be  no 
other  printing  or  distinguishing  marks  on  the  ballot  except  as  in  this  act 
specifically  provided.  Sample  ballots  shall  be  in  the  same  form  as  the 
official  ballot,  but  upon  colored  paper. 

In  the  city  or  municipal  elections,  it  shall  be  the  duty  of  the  city  or 
municipal  clerk  to  prepare  the  ballots  and  arrange  the  positions  of  the 
offices  on  such  ballots,  commencing  with  the  office  of  mayor,  using  his 
reasonable  discretion  as  to  such  arrangement.  The  duties  provided  for 
in  this  act  to  be  performed  by  the  county  clerk  with  reference  to  candi- 
dates for  county  and  district  offices  or  either  of  them,  shall  in  like  man- 
ner be  performed  by  the  city  or  municipal  clerk  in  each  city  or  munici- 
pality, with  reference  to  the  preparation  of  ballots  and  all  other  mat- 
ters connected  with  direct  primary  election  for  candidates  for  city  or 
municipal  offices. 


50 


ELECTION  LAWS 


The  form  of  ballot  shall  be  substantially  as  follows: 

"OFFICIAL  DIRECT  PRIMARY  ELECTION  BALLOT." 

PARTY.    (DESIGNATION    OF    PARTY.) 

Precinct Ward   City  County 

To  vote  for  a  person  mark  a  cross  (X)  in  the  first  square  at  the  right 
of  the  name  of  the  person  for  whom  you  desire  to  vote. 


United  States  Senator 

Vote 
for  one 

Representative  in   Con- 
gress        District 

Vote 
for  one 

John  Doe 

John  Doe 

John  Doe 

John  Doe 

John  Doe 

John  Doe 

Governor 

Vote 
for  one 

State  Auditor 

Vote 
for  one 

John  Doe 

John  Doe 

John  Doe 

John  Doe 

John  Doe 

John  Doe 

♦ 

Representative  to  General 
Assembly   District 

Vote 
for  

Regents  of  State 
University 

Vote 
for  two 

John  Doe 

John  Doe 

John  Doe 

R.  Roe 

John  Doe 

County  Clerk  and 
Recorder 

Vote 
for  one 

R.  Roe 

John  Doe 

John  Doe 

Constable    Precinct 

Vote 
for  one 

John  Doe 

County   Superintendent 
of  Schools 

Vote 
for  one 

Precinct    Committeeman 
Precinct 

Vote 
for  one 

Mary  Doe 

When  offices  other  than  those  given  in  the  form  above  are  to  be 
filled  at  the  coming  election,  the  officer  preparing  the  ballot  shall  use 


ELECTION  LAWS  51 

substantially  the  above  form,  putting  the  proper  designation  of  the  office 
in  the  space  as  above,  and  the  names  of  the  candidates  therefor  under 
the  same,  as  indicated. 
[See  Form  P.  E.  No.  7.] 

Sec.  10.  Party  ballots  to  be  fastened  together — All  party  direct  pri- 
mary elections  to  be  held  at  same  time  and  place. — Bach  political  party 
entitled  to  participate  in  any  direct  primary  election  shall  have  a  sep- 
arate party  ticket  and  all  such  party  tickets  shall  have  a  perforated  stub 
at  the  top  thereof,  not  less  than  one  inch  in  width,  and  the  several  tickets 
of  €ach  political  party  shall  be  securely  fastened  together  at  the  top  and 
folded  by  one  of  the  judges  of  election  prior  to  delivery  thereof  to  the 
voter.  The  direct  primary  election  of  all  political  parties  shall  be  held 
at  the  same  time  and  at  the  same  polling  places  and  shall  be  conducted 
by  the  same  election  officials. 

This  section  is  referred  to  in  Election  Commission  of  the  City  and  County 
of  Denver  vs.  The  People  ex  rel  Lee,  58  Colo.,  105,  1U8.  See  the  notes  under 
Section  1,  page  46. 

Sec.  11.  Qualifications  of  voters  at  direct  primary  elections — Spoiled 
ballots — Challenged  voter  to  make  oath. — Efvery  person  possessing  the 
constitutional  qualifications  of  a  voter,  over  the  age  of  twenty-one  years, 
a  citizen  of  the  United  States,  and  who  shall  have  resided  in  the  State 
one  year  immediately  preceding  the  ensuing  election  at  which  such 
person  may  legally  vote,  and  who  shall  have  resided  in  the  county  ninety 
days,  in  the  city  or  town  thirty  days,  and  in  the  ward  or  precinct  ten 
days  next  preceding  such  primary  election,  shall  be  entitled  to  vote 
thereat;  Provided,  That  every  such  voter  shall  also  be  properly  regis- 
tered, if  such  registration  shall  be  required  by  law  for  primary  elections. 
Each  voter  desiring  to  vote  at  said  primary  election  shall  h^e  the  right 
to  receive  a  ballot  made  up  as  aforesaid,  and  upon  receiving  said  ballot 
the  voter  shall  retire  to  one  of  the  booths  provided  for  such  primary 
election  and  without  undue  delay,  mark  the  respective  party  ballot 
desired  to  be  voted  by  him,  and  shall  then  return  the  party  ballot  to 
be  voted,  to  one  of  the  judges  of  election  by  whom  the  same  shall  be 
numbered  by  writing,  in  the  order  in  which  it  shall  be  received,  the- 
number  thereof,  on  the  opposite  side  of  the  black  square  aforesaid,  and 
the  corner  whereof  shall  be  turned  and  pasted  down  so  that  such  num- 
ber shall  be  concealed  by  said  black  square.  Immediately  thereafter 
said  party  ballot  shall  be  by  the  voter  deposited  in  the  ballot  box  pro- 
vided for  that  purpose,  in  the  presence  of  the  election  officers.  The 
remaining  tickets  attached  together  shall  be  folded  in  like  manner  by 
the  voter,  who  shall  thereupon  without  leaving  the  polling  place  deposit 
the  remaining  tickets  in  a  separate  ballot  box  to  be  marked  and  desig- 
nated as  the  Blank  Ballot  Box.  In  the  event  of  any  such  ballot  being 
spoiled,  the  voter  shall  be  entitled  to  receive  additional  ballots  as  pro- 
vided by  law  for  general  elections.  The  voter  shall  designate  his  choice 
of  candidates  on  his  party  ballot  by  marking  a  cross  in  each  of  the 
small  squares  at  the  right  of  the  names  of  candidates  for  whom  he 
desires  to  vote,  and  shall  not  vote  for  more  candidates  for  each  office 
than  are  to  be  elected  thereto  at  the  election  to  follow  the  direct  pri- 
mary election,  as  indicated  on  the  said  ballot  at  the  right  of  each  office 
for  which  candidates  are  to  be  elected.  Any  voter  instead  of  voting  for 
a  candidate  whose  name  is  printed  on  his  party  ballot,  shall  be  entitled 
to  vote  for  any  other  eligible  person  who  is  a  member  of  his  political 
party,  in  lieu  of  such  candidate,  by  writing  the  name  of  such  person  in 
the  blank  space  immediately  following  the  printed  names  of  candidates 
for  such  office;  Provided,  further,  That  in  no  case  shall  the  voter  write 
on  his  party  ballot  the  name  of  any  candidate  appearing  on  any  other 
party  ballot.  Immediately  after  the  ballots  voted  shall  have  been 
counted  and  certified  to  by  the  clerks  and  judges  as  herein  provided,  said 
clerks  and  judges  shall  without  examination  destroy  the  tickets  de- 
posited in  the  Blank  Ballot  Box.  If  such  voter  is  challenged  he  shall 
be  required  to  make  oath  or  affirm  as  follows:     "I  do  hereby  solemnly 


52  ELECTION  LAWS 

swear  (or  affirm)  that  I  am  a  qualified  voter,  that  I  am  a  member  of  and 
affiliated  with  one  of  the  political  parties  represented  by  ballot  at  this 
primary  election,  and  that  I  will  at  this  election  vote  only  under  the 
ballot  and  only  for  the  candidates  of  the  political  party  of  which  I  ajn 
a  member  and  with  which  I  am  affiliated."  Said  oath  shall  be  adminis- 
tered to  one  or  more  voters  at  the  same  time. 
[See  Form  P.  B.  No.   16.] 

1.  Under  C,  4  of  the  Acts  of  1910,  it  is  not  required  that  those  sub- 
scribing the  petition  for  the  nomination  of  a  candidate  shall  be  registered 
voters.  The  subscriber's  character  as  a  voter  being  established  by  the  affidavit 
prescribed  by  the  statute,  no  more  can  be  required.  Benson  vs.  The  Election 
Commission,  62  Colo.,  206. 

Sec.   12.     Defective  ballots — Intent  of  voter  must   govern. — ^If  it  is 

impossible  to  determine  the  choice  of  any  voter  for  any  nomination  to 
be  made,  his  ballot  shall  not  be  counted  for  such  office;  Provided,  That  a 
defective  or  imperfect  cross  on  any  ballot  in  a  proper  place  shall  be 
counted,  if  there  be  no  other  mark  or  cross  in  ink  on  such  ballot  indi- 
cating an  intention  to  vote  for  some  person  or  persons  other  than  those 
indicated  by  the  first  mentioned  defective  cross  or  mark  for  some  other 
candidate  for  the  same  office.  If  an  imperfect  cross  or  mark  in  ink  be 
found  near  the  name  of  a  candidate,  which  cross  or  mark  appears  to 
have  been  made  with  intent  to  designate  the  candidate  so  marked  as 
the  one  voted  for,  such  ballot  shall  not  be  rejected  if  the  intent  of  the 
voter  to  designate  the  person  for  whom  he  wished  to  vote  can  be  rea- 
sonably gathered  therefrom. 

Sec.  13.  General  election  laws  to  apply  to  primary  elections. — Except 
as  herein  otherwise  provided  all  direct  primary  elections  shall  be  con- 
ducted the  same  as  general  elections  under  the  general  election  laws  of 
the  State  q|  Colorado,  as  far  as  the  provisions  thereof  are  applicable, 
and  the  election  officers  for  such  primary  elections  shall  have  the  same 
powers  and  shall  perform  the  same  duties  as  those  provided  by  law  for 
general  elections. 

Sec.  14.  Appointment  of  judges  and  clerks. — ^Judges  and  clerks  of 
-direct  primary  elections  shall  be  appointed  and  designated  in  the  manner 
provided  for  the  conduct  of  general  elections  under  the  laws  of  the  State 
of  Colorado,  and  the  judges  of  direct  primary  elections  shall  in  all  cases 
be  the  registrars  of  elections  and  the  regularly  appointed  election  judges 
for  general  elections  under  the  laws  of  the  State  of  Colorado. 

Sec.  15.  Party  chairman  to  certify  names  of  watchers  to  election 
Judges — Penalty  for  not  allowing  watchers  to  act — Fees  of  judges  and 
clerks. — Each  political  party  participating  in  a  direct  primary  election 
under  the  provisions  of  this  act  shall  be  entitled  to  have  one  of  its  mem- 
bers serve  as  watcher  of  such  election  in  each  voting  precinct  in  the 
city  or  county  where  such  primary  election  shall  be  held;  Provided, 
That  the  chairman  of  the  county  or  city  committee  of  such  political 
party  shall  certify  the  names  of  the  persons  so  selected  to  the  judges  of 
election  in  the  several  precincts,  and  such  persons  shall  be  entitled  to 
enter  into  the  polling  places  and  to  witness  the  casting  and  counting  of 
the  ballots  at  such  primary  election;  and  Provided  further,  That  any  and 
all  judges  of  election  who  shall  refuse  to  allow  any  duly  appointed 
watcher  as  herein  provided  to  act,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  shall  be  punished  by  confinement  in  the  county 
jail,  not  less  than  thirty  days  nor  more  than  six  months. 

The  same  fees  shall  be  allowed  and  paid  from  the  public  funds  for 
the  services  of  anyone  so  serving  as  a  judge,  or  clerk  of  direct  primary 
elections  as  is  provided  by  law  for  such  services  for  general  elections. 

Sec.  16.  Secretary  of  state  to  provide  copies  of  this  law. — The  Sec- 
retary of  State  shall  provide  copies  of  this  law,  in  conjunction  with  the 
general  election  laws  of  the  State  and  transmit  the  same  to  the  county 
c\erk  of  each  county  at  least  twenty  (20)  days  before  any  such  direct 


ELECTION  LAWS  63 

primary  election,  and  the  same  shall  be  in  lieu  of  any  such  copies  of 
said  general  election  laws  required  to  be  transmitted  to  county  clerks 
by  the  Secretary  of  State  for  use  in  such  counties. 

Sec.  17.  When  polls  are  to  open  and  close. — The  polls  of  the  several 
election  precincts  on  direct  primary  election  day  shall  be  kept  open  from 
7  o'clock  in  the  morning  until  7  o'clock  in  the  evening  of  said  day.  If 
at  the  hour  of  closing  there  are  electors  at  the  polling  place  desiring  to 
vote  and  who  are  qualified  to  participate  therein,  and  who  have  not  been 
able  to  do  so  since  appearing  at  the  polling  place,  said  polls  shall  be  kept 
open  long  enough  after  the  hour  of  closing  to  allow  those  so  present  at 
that  hour  to  vote.  No  one  not  present  at  the  hour  of  closing  shall  be 
entitled  to  vote  because  the  polls  may  not  be  actually  closed  when  he 
arrives.  No  adjournment  or  intermission  whatever  shall  take  place  until 
the  polls  shall  be  closed,  and  until  all  the  votes  cast  at  such  poll  have 
been  counted  and  the  result  publicly  announced. 

Sec.  18.  Duties  of  Judges  and  clerks  in  counting  ballots. — As  soon 
as  the  polls  are  finally  closed,  the  judges  of  election  shall  open  the  ballot 
boxes  at  each  polling  place  and  proceed  to  take  therefrom  the  ballots. 
Said  officers  shall  count  the  number  of  ballots  cast  by  each  party,  at  the 
same  time  bunching  the  tickets  cast  for  each  party  together  in  separate 
piles,  and  shall  then  fasten  each  pile  together.  As  soon  as  the  clerks  and 
judges  shall  have  assorted  and  fastened  together  the  ballots  of  each 
separate  party,  they  shall  take  the  tally  sheets  provided  by  the  county, 
municipal  or  city  clerk,  and  shall  count  all  the  ballots  for  each  party 
separately  until  the  count  is  completed,  and  shall  certify  to  the  number 
of  votes  cast  for  each  candidate.  Tbe  tally  sheets  shall  be  so  kept  that 
such  sheets  shall  show  the  number  of  votes  received.  They  shall  then 
place  the  counted  ballots  in  a  box,  but  in  no  case  shall  they  intermingle 
party  votes.  After  all  have  been  counted  and  certified  to  by  the  clerks 
and  judges,  they  shall  seal  the  returns  for  all  parties  in  one  envelope, 
to  be  returned  to  the  county,  municipal  or  city  clerk. 

[See  Form  P.  E.  No.  10.] 

Sec.  19.  Tally  sheets  furnished — Form  of  tally  sheets — Arrangennent 
of  names  on  tally  sheets. — Two  sets  of  tally  sheets  for  each  political 
party  having  candidates  to  be  voted  for  at  said  direct  primary  election 
shall  be  furnished  for  each  election  precinct  by  the  county,  municipal  or 
city  clerk,  at  the  same  time  and  in  the  same  manner  that  the  ballots 
are  furnished,  and  shall  be  as  follows: 

Each  tally  sheet,  or  the  first  sheet  of  each  tally  book  lo  be  furnished, 

shall  be  headed,  "Tally  sheet  for 

(name  of  political  party) 

(name   of   city) (county) 

(ward) (election  precinct),  for  a  direct  primary 

election  held (date) ." 

The  names  of  candidates  shall  be  placed  on  the  tally  sheets  in  the 
order  in  which  they  appear  on  the  official  ballots,  and  in  each  case  shall 
have  the  proper  designation  at  the  head  thereof. 

[See  Form  P.  E.  No.  9.] 

Sec.  20.  General  election  laws  to  apply. — In  making  out  and  certify- 
ing the  returns  of  the  direct  primary  election  in  the  several  election 
precincts,  the  same  shall  be  done  and  all  acts  pertaining  thereto  con- 
ducted in  accordance  with  the  provisions  of  the  general  election  laws 
for  the  returns  of  general  elections,  except  as  herein  otherwise  provided. 

Sec.  21.  Precinct  officers — Election  of  same — Term — Vacancies  in 
committees,  how  filed — State  central  committee  to  make  rules. — There 
shall  be  elected  by  each  political  party,  subject  to  this  law,  at  said  biennial 
direct  primary  election,  a  committeeman  and  committeewoman  for  each 


64  ELECTION  LAWS 

election  precinct,  who  shall  be  a  resident  of  such  precinct.  The  candi- 
date for  committeeman  or  committeewoman  in  any  precinct,  who  re- 
ceives a  plurality  of  votes  on  any  party  direct  primary  ballot,  shall  be  de- 
clared the  elected  committeeman  and  committeewoman  of  such  party 
for  such  precinct.  The  members  of  the  committee  thus  elected  shall 
be  the  Representatives  of  their  respective  political  parties  in  and  for 
such  precincts  in  all  ward  or  subdivision  committees  that  may  be 
formed.  The  members  of  the  committee  elected  In  each  precinct  in  each 
county  shall  constitute  the  county  central  committee  of  each  of  said 
respective  political  parties.  And  the  members  of  the  committee  elected 
in  the  several  precincts  in  each  city  or  municipality  shall  constitute 
the  city  or  municipal  central  committee  of  each  of  said  respective 
political  parties,  and  shall  have  the  same  powers  and  jurisdiction  as 
to  the  affairs  of  their  several  parties  in  such  city  or  ijiunicipal  mat- 
ters that  the  county  committee  has  in  county  matters.  Each  member 
of  the  committee  shall  hold  such  position  for  the  term  of  two  years 
from  the  date  of  the  first  meeting  of  said  committee  immediately  fol- 
lowing the  election.  In  case  of  a  vacancy  the  remaining  members  of 
said  county,  city  or  municipal  committee  may  select  a  successor  to  fill 
the  vacancy,  who  shall  be  a  resident  of  the  precinct  in  which  the  vacancy 
occurred. 

Vacancies  in  nominations  occurring  after  the  holding  of  any  direct 
primary  election,  prior  to  eight  days  before  election,  shall  be  filled  by 
the  respective  party  committees  of  the  city,  municipality,  district,  county 
or  State,  as  the  case  may  be,  in  which  such  vacancies  occur.  Certifi- 
cates of  nomination  to  fill  such  vacancies  shall  be  forthwith  prepared 
and  filed  by  such  respective  party  committees  with  the  respective  officers 
in  whose  offices  original  petitions  of  candidacy  are  by  this  act  required 
to  be  filed. 

All  of  said  county,  municipal  and  city  committees,  together  with 
the  respective  candidates  nominated  for  office,  shall  meet  to  organize 
by  electing  a  chairman,  and  a  vice-chairman  who  shall  be  a  woman,  and 
a  secretary,  within  five  (5)  days  after  the  candidates  for  their  respec- 
tive political  parties  shall  have  been  nominated.  The  chairman  and 
vice-chairman  of  the  several  party  county  committees  shall  constitute 
the  State  Central  Committee  of  each  such  party,  and  the  chairman  and 
vice-chairman  of  the  several  county  committees  shall  also  constitute 
the  congressional,  judicial,  senatorial  and  representative  committees  for 
the  counties  composing  each  such  congressional,  judicial,  senatorial  or 
representative  district,  respectively.  Said  State,  congressional,  judicial, 
senatorial  and  representative  central  committee  of  the  respective  politi- 
cal parties  together  with  the  respective  candidates  nominated  for  office 
shall  meet  to  organize  by  electing  a  chairman  and  a  vice-chairman 
as  above  provided,  and  secretary  of  each  of  said  committees,  respec- 
tively, within  ten  days  after  the  nomination  of  such  candidates ;  Provided, 
That  any  political  party  that  polled  ten  thousand  (10,000)  votes  at  the 
last  preceding  general  election  for  its  candidate  for  Governor  shall  be 
entitled  to  two  additional  members  of  said  State  Central  Committee 
from  such  county,  one  of  whom  shall  be  a  woman  and  two  such  addi- 
tional members  thereof  for  each  additional  ten  thousand  (10,000)  votes 
or  major  portion  thereof  so  polled.  Such  additional  members  of  said 
State  Central  Committee  shall  be  elected  by  the  respective  county 
central  committees  of  the  several  political  parties.  The  State  Cen- 
tral Committee  shall  have  power  to  make  all  rules  for  party  government. 
All  vacancies  in  State,  congressional,  judicial,  senatorial  or  representa- 
tive committees  shall  be  filled  by  the  respective  county  central  com- 
mittees. All  central  committees  may  select  managing  or  executive 
committees,  and  may  authorize  such  sub-committees  to  exercise  any 
and  all  powers  conferred  upon  the  county,  city,  municipal,  state,  con- 
gressional, judicial,  senatorial  or  representative  central  committees 
respectively. 

Regularly  elected  and  constituted  party  central  committees  of  the 
respective  political  parties,  at  the  time  this  act  shall  take  effect,  shall 
be  considered  the  legal   committees  of  the  respective  political   parties 


ELECTION  LAWS  55 

until  direct  primary  elections  shall  be  held  under  the  provisions  of 
this  act,  and  said  central  committees  and  each  of  them,  and  the  officers 
and  members  thereof,  shall  be  subject  to  all  the  conditions  of  this 
section. 

1.  This  section  referred  to  in  Election  Commissioners  of  the  City  and 
County  of  Denver  vs.  The  People  ex  rel  Lee,  58  Colo.,  105,  108,  see  the  notes 
under  Section   1,   page  46. 

Sec.  22.  State  platform,  how  formulated,  when  and  by  whom. — Jhe 
candidates  for  the  various  State  Offices,  and  for  the  State  Senate  and 
House  of  Representatives,  nominated  by  each  political  party  at  such 
direct  primary  election,  the  State  Chairman  and  State  Senators  of  such 
political  party  whose  term  of  office  extends  beyond  the  second  Tuesday 
in  January  of  the  year  next  ensuing  shall  meet  in  the  City  of  Denver 
at  a  place  to  be  designated  by  the  respective  State  Chairman,  at  twelve 
o'clock  noon  on  the  fourth  Tuesday  of  September  after  the  date  on 
which  any  direct  primary  election  is  held  preliminary  to  any  general 
election.  They  shall  forthwith  formulate  the  State  platform  of  their 
respective  parties.  The  platform  of  each  party  shall  be  framed  and 
made  public  not  later  than  five  days  after  the  date  of  such  meeting. 

1.  This  section  is  referred  to  in  Election  Commjission  of  the  City  and 
County  of  Denver  vs.  People  ex  rel  Lee,  58  Colo.,  105,  108.  See  notes  under 
Section  1,  page  46. 

Sec.  23.  Party  nominees,  how  chosen. — Candidates  voted  on  for 
offices  at  direct  primary  elections  who  receive  a  plurality  of  the  votes 
cast  shall  be  the  respective  party  nominees  for  such  respective  offices. 
In  the  event  that  there  is  more  than  one  office  of  the  same  kind  to  be 
filled,  then  the  number  of  candidates  equal  to  the  number  of  offices  to 
be  filled  receiving  the  highest  number  of  votes  shall  be  the  nominees 
of  such  political  party  for  such  office. 

Sec.  24.  State  board  of  canvassers' — Meeting — Canvassers  to  file 
statement — Ties,  how  determined — Candidates  to  fill  vacancies. — The 
canvassing  of  the  returns  of  the  direct  primary  elections  as  to  candidates 
for  State  offices,  United  States  Senators  and  Representatives  in  Con- 
gress, and  any  other  candidate  whose  district  extends  beyond  the  limits 
of  a  single  county,  shall  be  done  by  a  board  of  State  canvassers,  con- 
sisting of  the  Governor,  Secretary  of  State,  Auditor  of  State,  Treasurer 
of  State  and  Attorney  General,  or  any  three  of  them.  Said  board  of 
State  canvassers  shall  meet  at  the  office  of  the  Secretary  of  State  on 
the  third  Tuesday  of  September,  at  ten  o'clock  a.  m.,  next  after  the  hold- 
ing of  such  direct  primary  election.  As  soon  as  said  board  has  can- 
vassed said  vote  it  shall  file  a  certificate  with  the  Secretary  of  State, 
which  certificate  shall  show  the  vote  of  each  candidate  of  each  political 
party  for  each  office.  The  votes  for  all  county,  city  and  municipal  offi- 
cers cast  at  any  direct  primary  election  shall  be  canvassed  and  the 
returns  made  by  the  same  officers  and  in  the  same  manner  as  the  returns 
of  votes  cast  at  the  ensuing  elections  are  by  law  now  required  to  be 
made.  Such  canvassing  board  and  other  officers  canvassing  votes  cast 
at  such  direct  primary  election  shall  file  with  the  proper  officer  a  state- 
ment and  report  of  such  canvass,  which  statement  and  report  of  said 
direct  primary  election  shall  contain: 

First.  A  statement  duly  certified  to  containing  the  names  of  all 
candidates  voted  for  at  the  direct  primary  election,  with  the  number  of 
votes  received,  and  also  the  total  number  of  votes  received  by  each  can- 
didate and  for  what  office,  said  statement  to  be  made  as  to  each  political 
party  separately. 

Second.  A  statement  of  the  names  of  the  persons  or  candidates  of 
each  political  party  who  are  nominated,  as  hereinbefore  provided. 
Where  there  is  more  than  one  person  to  be  elected  to  a  given  office  at 
the  ensuing  election  there  shall  be  included  in  said  statement  of  nom- 
ination the  names  of  so  many  candidates  for  said  office,  nominated  under 


56  ELECTION  LAWS 

the  provisions  of  this  act,  as  there  are  persons  to  be  elected  to  said 
office  at  the  ensuing  election.  Said  statement  shall,  in  like  manner,  be 
made  separately  as  to  each  political  party. 

Third.  A  statement  of  the  whole  number  of  electors  registered, 
where  such  official  has  custody  of  the  registry  of  electors,  and  the 
number  of  ballots  cast  at  said  primary  election. 

If  two  or  more  candidates  of  the  same  political  party  are  "tied" 
for  the  same  office,  the  "tie"  shall  be  determined  in  such  manner  as  shall 
be  agreed  upon  by  the  candidates  so  "tying."  In  case  such  candidates 
shall  fail  to  agree  upon  the  method  of  determining  such  "tie"  within 
five  (5)  days  after  the  completion  of  the  canvass  of  such  vote,  the  same 
shall  then  be  determined  by  lot,  to  be  cast  then  and  there  by  and  as 
the  final  canvassing  board  may  determine.  It  shall  be  the  duty  of  the 
Secretary  of  State  or  the  county,  city  or  municipal  clerk,  as  the  case 
may  be,  upon  the  completion  of  any  canvass,  to  immediately  mail  or  de- 
liver in  person  to  each  candidate  so  nominated  a  notice  of  such  fact, 
and  that  his  name  will  be  placed  upon  the  official  ballot  at  the  ensuing 
election.  The  persons  who  names  are  so  placed  in  said  statement  of 
nomination  shall  be  the  nominees  of  said  respective  political  parties  of 
which  they  are  candidates,  and  such  names  shall  be  printed  upon  the 
official  ballot  prepared  for  the  ensuing  election.  No  names  of  candi- 
dates of  any  political  party  which  is  required  to  make  nominations 
under  this  act  shall  be  placed  upon  the  official  election  ballot  unless 
such  candidate  shall  have  been  chosen  in  accordance  with  this  act, 
except  in  case  of  a  vacancy  or  vacancies,  which  shall  be  filled  as  herein 
provided.  The  name  of  such  new  candidate  shall  be  certified  under  oath 
to  the  Secretary  of  State,  county  clerk  or  the  city  or  municipal  clerk, 
as  the  case  may  be,  by  the  chairman  and  secretary  of  said  respective 
party  committees. 

1.  This  section  referred  to  in  Election  rommisslon  of  the  City  and 
County  of  Denver  vs.  The  People  ex  rel  Lee,  58  Colo.,  105,  108.  See  notes 
under  Section  1,  page  46. 

Sec.  25.  Errors,  omissions  and  wrongful  acts,  how  corrected — Duty 
of  judge  of  district  court — Burden  of  proof — Must  deposit  witness  fees — 
Contempt  of  court. — Whenever  it  shall  appear  by  verified  petition  to 
any  judge  of  the  District  Court  that  any  error  or  omission  has  occurred, 
or  is  about  to  occur,  in  the  printing  of  the  name  of  any  candidate  on 
official  direct  primary  election  ballots,  or  that  any  error  has  been  or 
is  about  to  be  committed  in  printing  such  ballots,  or  that  the  name  ot 
any  person  has  been  or  is  about  to  be  wrongfully  placed  upon  such  bal- 
lots, or  that  any  wrongful  act  has  been  performed  or  is  about  to  be 
performed  by  any  judge  or  clerk  of  the  direct  primary  election,  or  by 
the  Secretary  of  State,  or  by  the  county  or  city  or  municipal  clerk,  or 
by  any  canvassing  board  or  any  member  thereof,  or  by  any  person 
charged  with  a  duty  under  this  act,  or  that  any  neglect  of  duty  by  any 
of  the  persons  aforesaid  has  occurred,  or  is  about  to  occur,  such  judge 
shall  forthwith,  by  order,  require  the  officer  or  person  or  persons  charged 
with  the  error,  wrongful  act  or  neglect,  to  forthwith  correct  the  error, 
desist  from  the  wrongful  act,  or  perform  the  duty,  and  to  do  as  the 
court  shall  order,  or  to  show  cause  forthwith  why  such  error  should 
not  be  corrected,  wrongful  act  desisted  from,  or  such  duty  or  order 
not  performed.  Provided,  that  the  person  or  persons,  committee  or 
committees  complaining  of  any  such  act,  shall  have  the  burden  of  proof 
cast  upon  him  or  them  in  the  premises,  and  shall  be  required  to  deposit 
in  court  the  sum  of  two  dollars  ($2.00)  per  day  for  each  person  so 
cited  or  summoned  into  court,  as  a  party  or  as  a  witness,  to  be  paid 
to  the  said  party  or  witness  in  case  the  charge  is  not  sustained,  saH 
money  so  deposited  shall  be  returned  to  the  party  depositing  the  same 
in  case  the  said  charges  or  any  of  them  are  sustained.  Failing  to  obey 
the  order  of  such  court  shall  be  contempt  of  court.  Every  such  order  shall 
be  subject  to  summary  review  by  the  Supreme  Court  upon  writ  of  error. 

Sec.  26.  Independent  candidates — Nomination  of  same. — Candidates 
for  public  office  who  do  not  wish  to  affiliate  with  a  political  party  as  de- 


ELECTION  LAWS  57 

fined  in  this  act  may  be  nominated  otherwise  than  by  a  direct  primary 
election,  in  the  manner  following: 

A  certificate  of  nomination  shall  be  prepared  which  shall  contain  the 
name  or  names  of  any  candidate  or  candidates  for  the  office  or  offices  to 
be  filled,  their  several  postoffice  addresses,  if  any,  their  several  resi- 
dences, and  if  in  a  city  or  town,  the  street,  number  of  residence  and  place 
of  business,  if  any,  and  shall  designate  in  not  more  than  five  words,  in- 
stead of  the  party,  the  political  or  other  name  which  the  signers  shall 
select;  Provided,  That  no  name  of  any  political  party  as  defined  in  this 
act  shall  be  used,  in  whole  or  part,  for  this  purpose.  Said  certifi- 
cate shall  be  signed  by  legal  voters  residing  within  the  district  or 
political  division  in  and  for  which  the  officer  or  officers  are  to  be  elected, 
to  the  number  of  at  least  three  hundred  when  the  nomination  is  for  an 
office  to  be  filled  by  the  voters  of  the  entire  State;  of  at  least  one  hundred 
where  the  nomination  is  for  an  office  to  be  filled  by  the  voters  of  a  dis- 
trict less  than  a  State  and  greater  than  a  county,  or  by  the  voters  of  a 
county  or  city  or  municipality;  of  at  least  fifty  when  the  nom- 
ination is  for  an  office  to  be  filled  by  the  voters  of  a  precinct, 
ward,  or  other  division  less  than  a  county,  other  than  a  city. 
The  signatures  to  said  certificate  of  nomination  need  not  all  be  appended 
to  one  paper,  but  no  certificate  shall  be  legal  that  does  not  contain  the 
requisite  number  of  names  of  voters  whose  names  do  not  appear  on  any 
certificate  previously  filed  under  the  provisions  of  this  section;  Provided, 
That  any  such  certificate  of  nomination  may  be  amended  in  this  last  re- 
spect at  any  time  prior  to  ten  days  before  the  day  of  election.  The  cer- 
tificate may  designate  or  appoint  upon  the  face  thereof  one  or  more  per- 
sons as  a  committee  to  fill  vacancies,  and  in  case  of  vacancy  in  any  of 
such  nominations,  the  same  may  be  filled  by  such  person  or  committee  by 
a  verified  certificate  to  that  effect,  duly  filed  with  the  officer  with  whom 
the  original  certificate  of  nomination  was  filed,  at  least  eight  days  before 
the  day  of  election.  Each  voter  signing  a  certificate  shall  add  to  his  signa- 
ture his  place  of  residence,  and  shall,  before  an  officer  duly  authorized  to 
administer  the  same,  make  oath  by  affidavit  thereto  attached,  that  he  is  a 
voter  within  and  for  the  political  division  for  which  such  nomination  is 
made,  and  has  truly  stated  his  residence,  and  has  not  voted  at  any  pri- 
mary election  to  nominate  a  candidate  for  such  office.  Said  certificate, 
when  executed  and  acknowledged  as  before  prescribed,  shall  be  filed  with 
the  Secretary  of  State,  when  for  an  office  or  offices  to  be  filled  by  the 
voters  of  the  entire  State  or  of  any  division  or  district  greater  than  a 
county:  with  the  county  clerk  when  for  an  office  or  offices  to  be  filled  by 
the  voters  of  an  entire  county  or  county  precinct,  and  with  the  city, 
municipal  or  town  clerk  when  for  an  office  or  offices  to  be  filled  by  the 
voters  of  such  city,  municipality  or  town. 

The  certificates  of  nomination  to  be  filed  with  the  Secretary  of  State 
shall  be  filed  not  more  than  sixty  days  nor  less  than  thirty  days  before 
the  day  of  election;  and  the  certificates  of  nomination  to  be  filed  with  the 
county  clerk  shall  be  filed  not  more  than  sixty  nor  less  than  fifteen  days 
before  the  day  of  election,  and  the  certificates  of  nomination  to  be  filed 
with  the  city,  municipal  or  town  clerk  shall  be  filed  not  more  than  thirty 
nor  less  than  fifteen  days  before  the  day  of  election. 

Within  eight  days  after  the  filing  of  any  such  certificate  of  nomination 
with  the  proper  official  as  aforesaid  each  and  every  candidate  named  in 
said  certificate  of  nomination  shall  formally  accept  the  nomination  therein 
tendered  in  a  written  statement,  duly  acknowledged,  which  said  statement 
shall  contain  the  full  name  and  place  of  residence  of  such  candidate,  and 
if  in  a  city  or  town,  the  street  number  of  the  same  (if  any  there  be)  and 
his  place  of  business,  if  any,  and  postoffice  address. 

When  the  provisions  of  this  section  have  been  complied  with,  the 
candidate  or  candidates  named  in  such  certificates  of  nomination  shall  be 
entitled  to  all  the  rights  and  subject  to  all  the  penalties  of  candidates 
nominated  at  direct  primary  elections.     This  section  shall  be  liberally 


58  ELECTION  LAWS 

construed,  so  as  to  give  independent  candidates  for  public  office  every 
reasonable  opportunity  to  make  their  candidacy  effective. 
[See  Form  P.  E.  Nos.  5  and  6.] 

1.  Statutes  regulating  the  exercise  of  the  elective  franchise,  receives 
such  construction  as  will  afford  to  the  elector  the  greater  liberty  in  casting 
his  ballot.     Pease  vs.  Milliken,  53  Colo.,  404. 

2.  One  who  has  accepted  the  nomination  of  a  political  party  may  be 
nominated  by  petition  of  independent  voters,  assuming  a  different  party 
designation.     Idem. 

3.  The  nomination  by  certificate,  of  the  candidates  of  an  organized  party, 
authorized  by  such  party,  are  to  be  protected  to  the  same  extent,  and  in  the 
same  manner,  as  nominations  made  by  convention,  even  though  such  party 
have  not  sufficient  strength  to  make  nominations  by  convention.  The  author- 
ized use  by  others  of  the  name  of  such  party,  in  a  certificate  making  nom- 
inations for  an  approaching  election,  even  though  prior  in  point  of  time  to 
a  certificate  presented  by  the  proper  authorities  of  the  party,  will  not  prevent 
the  filing  of  the  latter.     McBroom  vs.  Brown,    53   Colo.,   412. 

4.  See  Election  Commission  of  the  City  and  County  of  Denver  vs. 
People  ex  rel  Lee,  58  Colo.,  105. 

5.  Under  Chapter  4  of  the  Acts  of  1910,  it  is  not  required  that  those  sub- 
scribing the  petition  for  the  nomination  of  a  candidate  shall  be  registered 
voters.  The  subscriber's  character  as  a  voter  being  established  by  the 
affidavit  prescribed  by  the  statute,  no  more  can  be  required.  Benson  vs.  The 
Election  Commission,  62  Colo.,   206. 

6.  Under  the  provisions  of  Section  26,  Chapter  4,  S.  L.,  1910,  providing 
that  a  certificate  of  nomination  for  an  office  to  be  filed  by  the  voters  of  a  dis- 
trict greater  than  a  county  shall  be  filed  with  the  secretary  of  state,  a  certifi- 
cate or  nomination  for  the  office  of  district  attorney  of  the  second  judicial 
district  should  be  filed  with  the  secretary  of  state,  notwithstanding  the 
boundaries  of  the  district  were  coincident  with  those  of  the  county.  Brown 
vs.  Van  Cise,  69  Colo.,  242. 

Sec.  27.  Secretary  of  state  and  attorney  general  to  prepare  forms. — 
It  shall  be  the  duty  of  the  Secretary  of  State  and  the  Attorney  General, 
on  or  before  July  1,  1912,  to  prepare  all  forms  necessary  to  carry  out  the 
provisions  of  this  act  and  in  accordance  therewith,  which  forms  shall  be 
substantially  followed  in  all  direct  primary  elections  held  in  pursuance 
thereof.  Such  forms  shall  be  printed,  with  copies  of  this  act,  for  public 
use  and  distribution. 

Sec.  28.  Campaign  expenses — Limitations  of  personal  expenses  de- 
fined— Penalty  for  violations  of  this  section. — No  person  shall,  in  order  to 
aid  or  promote  or  secure  his  own  nomination  to  public  office,  or  the  nom- 
ination of  any  other  person  to  public  office,  under  the  provisions  of  this 
act,  or  any  amendment  thereto,  directly  or  indirectly  himself,  or  directly 
or  indirectly  by  or  through  any  other  person  for  him,  or  on  behalf  of  such 
other  person,  give,  pay,  expend  or  contribute,  or  promise  to  give,  pay, 
expend  or  contribute  any  money  or  other  valuable  thing,  except  for 
personal  expenses.  Personal  expenses  within  the  meaning  of  this 
act  shall  not  in  any  event  exceed  five  thousand  dollars  ($5,000), 
if  such  person  is  a  candidate  for  United  States  Senator,  twenty- 
five  hundred  dollars  ($2,500)  if  such  person  is  a  candidate  for 
a  State  office  or  representative  iu  Congress,  and  one  thousand 
dollars  ($1,000)  if  such  person  is  a  candidate  for  any  other  office, 
and  any  expenditure  in  excess  of  such  sums  by  any  person  or  persons  for 
any  such  purpose  within  one  year  prior  to  such  direct  primary  shall  be 
unlawful.  No  person,  co-partnership,  organization  or  corporation  shall 
directly  or  indirectly  contribute  or  expend,  pay  or  become  liable  for  any 
of  the  expenses  of  any  candidate.  Any  candidate,  or  other  person  who, 
or  co-partnership,  organization  or  corporation  which  shall  violate  any  of 
the  provisions  of  this  section  shall  be  guilty  of  a  felony,  and  on  convic- 
tion shall  be  fined  in  a  sum  not  less  than  five  hundred  dollars  ($500.00), 
or  imprisonment  in  the  penitentiary  not  less  than  one  year,  or  both. 

Sec.  29.  Candidates  must  file  sworn  statement  of  expenses. — Every 
candidate  for  nomination  under  the  terms  of  this  act,  or  any  amendment 
thereto,  shall,  not  later  than  ten  days  after  the  day  of  holding  the 
direct  primary  election  or  convention  at  which  he  is  a  candidate,  or  after 


ELECTION  LAWS  59 

the  filing  of  any  certificate  of  nomination  wherein  such  candidate  is 
nominated  for  public  office,  file  an  itemized  statement  in  writing,  duly 
sworn  to  as  to  its  correctness,  with  the  officer  with  whom  his  declara- 
tion of  candidacy  or  other  noanination  paper  is  filed,  setting  forth  each 
sum  of  money  and  thing  of  value,  or  any  consideration  whatever,  con- 
tributed, paid  or  promised  by  him  for  the  purpose  of  securing  or  in- 
fluencing or  in  any  way  affecting,  his  nomination  to  said  office.  Said 
statement  shall  set  forth  the  sums  paid  as  personal  expenses,  stating 
fully  the  nature,  kind  and  character  of  the  expense.  Such  statement, 
when  so  filed,  shall  immediately  be  subject  to  the  inspection  and 
examination  of  any  elector,  and  shall  be  a  part  of  the  public  records.  Sec- 
tion 1,  Chapter  116,  S.  L.  1921,  page  293. 
[See  Form  P.  E.  No.  14.] 

Sec.  30.  Penalty  for  not  filing  sworn  statement  of  expenses. — Any 
candidate  for  nomination  for  any  office  under  the  terms  of  this  act  who 
shall  fail,  neglect  or  refuse  to  file  with  the  proper  officer  the  statement 
provided  for  in  the  preceding  section  within  the  time  provided  therein, 
shall  be  guilty  of  a  misdemeanor  and  on  conviction  shall  be  fined  not  less 
than  one  hundred  dollars  ($100)  and  not  more  than  five  hundred  ($500) 
or  by  imprisonment  in  the  county  jail  not  less  than  ten  days  nor  more 
than  six  months  or  by  both  such  fine  and  imprisonment. 

Sec.  31.  Provisions  of  statutes  to  apply  to  direct  primary  elections. — 
The  provisions  of  the  statutes  of  Colorado  in  relation  to  the  holding  of 
general  elections,  the  giving  or  solicitation  of  bribes,  the  solicitation  of 
voters  at  the  polls,  the  challenging  of  voters,  the  manner  of  conducting 
elections,  of  counting  the  ballots  and  making  returns  thereof,  and  all 
other  kindred  subjects  shall  apply  to  all  direct  primary  elections  insofar 
as  they  are  consistent  with  this  act,  the  intent  of  this  act  being  to  place 
direct  primary  elections  under  the  regulation  and  protection  of  the  laws 
now  in  force  as  to  general  elections,  except  as  specifically  provided  other- 
wise in  this  act. 

Sec.  32.  Forgery. — Any  person  who  shall  forge  any  name  of  a  person 
as  a  signer  or  witness  to  a  nomination  paper  shall  be  deemed  guilty  of 
forgery,  and,  on  conviction  thereof,  shall  be  punished  accordingly. 

Sec.  33.  Person  swearing  falsely  guilty  of  perjury. — If  any  person 
whose  vote  is  challenged  under  the  provisions  of  this  act  shall  knowingly, 
wilfully  and  corruptly  swear  or  aflftrm  falsely  to  any  material  fact,  he  shall 
be  deemed  guilty  of  perjury,  and  on  conviction  thereof,  shall  be  punished 
accordingly.     Section  2,  Chapter  116,  S.  L.  1921,  page  293. 

Section  34  has  been  repealed  by  Sections,  Chapter  116,  S.  L.  1921, 
page  294. 

STATEMENT. 

I  hereby  declare  to  the  People  of  the  State  of  Colorado,  as  well  as  to 
the  People  of  my  Legislative  District,  that  during  my  term  of  office,  I  will 
always  vote  for  the  candidate  for  United  States  Senator  in  Congress  who 
has  received  the  highest  number  of  the  People's  votes  for  that  office  at 
the  general  election  next  preceding  the  election  of  a  Senator  in  Con- 
gress, without  regard  to  my  individual  preference. 


Signature  of  Candidate  for  Nomination. 


And  in  such  case  there  shall  be  printed  on  the  official  direct  primary 
election  ballot,  opposite  or  just  below  such  candidate's  name  the  follow- 
ing:    "Pledged  to  vote  for  People's  choice  for  United  States  Senator." 


60  ELECTION  LAWS 

STATEMBNT. 
I  hereby  declare  to  the  People  of  the  State  of  Colorado,  and  par- 
ticularly to  the  People  of  my  Legislative  District,  that,  during  my  term 
of  office,  whenever  called  upon  to  vote  for  United  States  Senator,  I  will 
always  vote  for  the  candidate  for  United  States  Senator  who  has  received 
the  highest  number  of  votes  upon  my  party  ticket  for  that  position  at 
the  direct  primary  election  next  preceding  the  election  of  United  States 
Senator. 


Signature  of  Candidate  for  Nomination. 


And  in  such  case  there  shall  be  printed  on  the  official  direct  primary 
election  ballot,  opposite  or  just  below  such  candidate's  name,  the  follow- 
ing:    "Pledged  to  vote  for  party's  choice  for  United  States  Senator." 

Such  declaration  of  candidacy  or  nomination  paper  shall  be  signed  as 
aboYB  by  the  elector  seeking  such  nomination. 

[Section  34  impliedly  repealed.     See  pages  3-5.] 

Sec.  35.  Committee  contests,  how  determined. — All  disputes  or  con- 
tests over  the  regularity  or  legality  of  the  existence  of  any  party  com- 
mittee in  the  State  of  Colorado,  or  any  subdivision  thereof,  shall  be  de- 
termined as  provided  by  law. 

Sec.  36.  Filings  to  be  public  records — Certified  copies  of  filings — All 
filings  to  be  preserved  for  two  years. — All  certificates  of  nomination,  ac- 
ceptances and  withdrawals,  as  soon  as  filed,  shall  be  public  records,  and 
shall  be  open  to  public  inspection  under  proper  regulations;  and  when  a 
copy  of  any  certificate  of  nomination,  acceptance  or  withdrawal  is  pre- 
sented at  the  time  the  original  is  filed,  or  at  any  time  thereafter,  and  a 
request  is  made  to  have  such  copy  compared  and  certified,  the  officer  with 
whom  such  certificate  of  nomination  was  filed  shall  forthwith  compare 
such  copy  with  the  original  on  file,  and,  if  necessary,  correct  the  copy  and 
certify  and  deliver  the  copy  to  the  person  who  presented  it.  All  certifi- 
cates of  nomination,  acceptances,  withdrawals,  poll  books,  tally  sheets, 
ballots  and  ballot  stubs  shall  be  preserved  as  other  records  are  for  two 
years  after  the  election  to  which  they  pertain,  unless  otherwise  ordered 
or  restrained  by  some  court.  After  which  they  shall  be  destroyed  by  the 
official  custodian  thereof  by  fire,  without  anyone  inspecting  the  same. 

Sec.  37.  Withdrawal  from  nominations. — Any  person  who  has  been 
nominated  and  who  has  accepted  a  nomination,  as  provided  in  this  act, 
may  cause  his  name  to  be  withdrawn  from  nomination,  at  any  time  prior 
to  ten  days  before  election,  by  a  written  instrument  declining  such  nom- 
ination, which  written  instrument  shall  be  signed  and  acknowledged  by 
such  candidate  before  some  officer  authorized  by  the  laws  of  this  State 
to  take  acknowledgment  of  deeds,  which  instrument  shall  be  filed  with 
the  Secretary  of  State  or  county,  city  or  municipal  clerk  with  whom  the 
original  certificate  nominating  such  candidate  was  filed. 

[See  Form  P.  E.  No.  15.] 

Sec.  38.  Death  of  a  candidate — Name  to  be  erased  or  omitted  from 
ballots — If  any  person  nominated  as  herein  provided  dies  within  eight 
days  before  the  day  fixed  by  law  for  the  election,  and  the  fact  of  such 
death  becomes  known  to  the  Secretary  of  State,  or  county,  city  or  munici- 
pal clerk  in  whose  office  the  certificate  of  nomination  nominating  such 
person  was  filed,  the  name  of  the  deceased  candidate  shall  not  be  printed 
upon  the  ballots  for  the  election,  and,  if  already  printed,  shall,  if  possible, 
be  erased  or  canceled  before  the  ballots  are  delivered  to  the  electors. 

Sec.  39.  Certified  lists  of  registration  furnished. — The  several  county, 
city  and  municipal  clerks  shall  furnish  the  election  judges  with  certified 
lists  of  all  registered  voters,  if  such  registration  be  required  by  law,  along 
with  the  poll  books  and  other  election  material,  as  provided  by  law  for  the 
conduct  of  general  elections. 


ELECTION  LAWS  61 

Sec.  40.  Bribery  of  voter — Penalty. — Any  person  who  shall  offer  or, 
with  knowledge  of  the  same,  permit  any  person  to  offer  for  his  benefit 
any  bribe  or  promise  of  gain  to  a  voter  to  induce  him  to  sign  any  election 
paper  or  any  person  who  shall  accept  any  such  bribe  or  promise  of  gain 
of  any  kind  in  the  nature  of  a  bribe  as  consideration  for  signing  the  same, 
whether  such  bribe  or  promise  of  gain  in  the  nature  of  a  bribe  be  offered 
or  accepted  before  or  after  signing,  shall  be  guilty  of  a  felony,  and,  upon 
trial  and  conviction  thereof,  shall  be  punished  by  a  fine  of  five  hundred 
dollars  ($500.00),  or  by  confinement  in  the  penitentiary  not  less  than  one 
year,  or  both. 

Sec.  41.  Election  offenses — Punishment. — ^Any  act  declared  an  of- 
fense by  the  general  laws  of  this  State  concerning  elections  shall  also,  in 
like  case,  be  an  offense  in  all  direct  primary  elections  and  shall  be  pun- 
ished in  the  same  form  and  manner  as  therein  provided,  and  all  the  pen- 
alties and  provisions  of  the  law  as  to  such  elections,  except  as  herein 
otherwise  provided,  shall  apply  in  such  case  with  equal  force  and  to  the 
same  extent  as  though  fully  set  forth  in  this  act. 

Sec.  42.  Misuse  of  nonninatlon  papers  a  misdemeanor — Punishment. — 
Any  person  who,  being  in  possession  of  nomination  papers  entitled  to  be 
filed  under  this  act,  or  any  act  of  the  General  Assembly,  shall  wrongfully 
or  wilfully  either  destroy,  mutilate,  suppress,  neglect  or  fail  to  cause  the 
same  to  be  filed  at  the  proper  time  in  the  proper  office,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by  im- 
prisonment in  the  county  jail  not  to  exceed  six  (6)  months,  or  by  a  fine 
not  to  exceed  five  hundred  dollars  ($500.00),  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  43.  Neglect  of  duty  by  direct  primary  election  officers,  a  felony 
— Punishment. — If  any  judge  or  clerk  of  a  direct  primary  election,  or 
other  oflScers  or  persons  on  whom  any  duty  is  enjoined  by  this  law,  shall 
be  guilty  of  any  wilful  neglect  of  such  duty  or  of  any  corrupt  conduct  in 
the  discharge  of  the  same,  such  judge,  clerk,  officer  or  other  person  shall 
be  deemed  guilty  of  a  felony,  and  upon  conviction  thereof,  shall  be  pun- 
ished by  a  fine  of  five  hundred  dollars  ($500.00),  or  by  confinement  in  the 
penitentiary  not  less  than  one  year,  or  both. 

Sec.  44.  Election  contests  to  be  adjudicated  by  county  or  district 
court — Original  jurisdiction — ^When  the  supreme  court  is  to  take  original 
jurisdiction — Procedure — Service  of  petition. — All  election  contests  aris- 
ing out  of  any  direct  primary  election  or  the  placing  in  nomination  by 
petition  of  any  such  candidate,  or  the  failure  to  file  any  such  petition  or 
place  any  such  candidate  in  nomination,  by  any  person,  official,  board  or 
convention  in  violation  of  any  of  the  provisions  of  this  act,  shall  be  sum- 
marily adjudicated  by  the  County  or  District  Court  sitting  within  or  for 
the  political  subdivision  within  or  from  which  any  such  petition  is  to  be 
filed  or  any  such  nomination  is  to  be  made  or  in  which  any  such  election 
controversy  or  contest  may  arise,  and  such  of  said  respective  courts  first 
acquiring  jurisdiction  of  any  such  controversy  or  contest,  shall  have 
original  jurisdiction  of  any  such  controversy  or  contest  as  aforesaid, 
subject  only  to  the  summary  appellate  jurisdiction  of  the  Supreme  Court 
of  the  State  by  writ  of  error,  and,  in  all  cases  involving  petitions,  nom- 
inations and  elections  concerning  national  or  State  offices,  voted  or  to  be 
voted  on  at  any  such  primary  election,  the  Supreme  Court  of  the  State 
shall  take  original  jurisdiction  for  the  purpose  of  summarily  adjudicating 
any  such  controversy  or  contest.  Every  such  procedure  shall  be  by  peti- 
tion to  the  proper  court,  setting  forth  the  grounds  of  complaint,  and  In 
case  of  any  contest  the  contestee  shall  be  made  respondent.  Said  petition 
shall  be  verified  and  a  copy  thereof  shall  within  five  days  after  the  occur- 
rence of  the  ground  of  complaint  be  served  on  the  respondent  or  re- 
spondents therein  named,  requiring  such  respondent  or  respondents  to 
answer  thereto  under  oath  within  five  days  after  such  service.     If  per- 


62  ELECTION  LAWS 

sonal  service  of  such  petition  can  not  be  procured  in  the  State  on  such 
respondent,  then  service  thereof  may  be  made  by  leaving  a  copy  of  such 
petition  within  such  time  with  the  clerk  of  the  court  having  original 
jurisdiction  of  any  such  controversy  or  contest,  and  such  clerk  shall 
thereupon  make  diligent  inquiry  and  endeavor  to  procure  such  respondent 
to  make  answer  to  said  complaint  as  aforesaid,  and  upon  the  expiration 
of  the  time  for  such  answer  the  court  so  having  jurisdiction  of  any  such 
controversy  or  contest  shall  forthwith  set  the  same  for  trial  on  the  merits 
thereof  summarily  adjudicating  the  same. 

1.  One  proposing  to  contest  a  nomination  made  by  petition  must  pursue 
the  statute.      (Laws,    1910,   Chapter  4,   Section   44.) 

Petitioner's  certificate  of  nomination  was  rejected  by  the  secretary  of 
state  on  the  6th  of  September.  No  petition  of  contest  was  presented  until 
the  17th  of  October,  and  no  verified  copy  of  the  petition  of  contest  was 
served  on  the  respondent  at  that  time.  Held  that  the  petitioner's  rights  were 
foreclosed  by   their  laches.      McCall   vs.   Pearce,    53   Colo.,    409. 

2.  This  section  referred  to  in  Benson  vs.  The  Election  Commission  of 
Denver,    62   Colo.,    206. 

Sec.  45.  Election  expenses,  how  paid. — All  ballots,  blanks  and  other 
supplies  to  be  used  at  any  direct  primary  election  held  under  the  provi- 
sions of  this  act,  and  all  expenses  incurred  in  the  preparation  or  the  con- 
duct of  such  primary  election  shall  be  paid  out  of  the  treasury  of  the  city, 
municipality,  county  or  State,  as  the  case  may  be,  in  the  same  manner, 
with  like  effect,  and  by  the  same  officers  as  in  the  case  of  general  elec- 
tions. 

Sec.  46.  Laws  applicable  to  this  act. — In  construing  the  provisions 
of  this  act,  and  of  all  sections  of  the  general  statutes  of  the  State  of 
Colorado  hereby  made  applicable  to  direct  primary  elections,  the  provi- 
sions of  the  general  election  laws  applicable  to  the  ensuing  elections, 
shall  apply  and  govern,  except  as  in  this  act  otherwise  provided. 

Sec.  47.  Masculine  pronoun  to  include  feminine. — Wherever  the  mas- 
culine pronoun  is  used  in  this  act  it  shall  be  construed  to  include  fem- 
inine, and  it  shall  only  be  necessary  for  a  voter  to  state  that  he  is  twenty- 
one  years  of  age  in  answer  to  any  question  in  relation  to  his  age. 

Sec.  48.  County  clerk  defined. — ^Wherever  the  words  "county  clerk" 
are  used  in  this  act,  they  shall  be  construed  to  mean  the  county  clerk  and 
recorder. 

Sec.  49.  Duties  of  election  commissions. — The  election  commission 
in  cities  having  a  special  charter  providing  for  such  election  commission, 
shall  have  all  the  powers  and  jurisdiction  and  perform  all  the  duties 
provided  by  this  act,  in  respect  to  county  clerks,  city  or  municipal  clerks 
and  boards  of  county  commissioners  or  any  other  election  officials  or 
boards,  subject  to  the  general  laws  of  this  State,  except  as  otherwise 
specifically  provided  by  such  charter,  not  inconsistent  with  the  provisions 
of  this  act. 

Sec.  50.  Repealing  clause. — All  acts  and  parts  of  acts  in  conflict  with 
this  act  are  hereby  repealed. 

(Laws  1910,  pages  15-44,  Incl.    Sees.  1  to  50,  inclusive.) 
(Laws  1921,  pages  292  and  294  inclusive,  Sections  1  to  5  inclusive.) 

(2)  In  Incorporated  Towns. 

Section  Section 

2151.  Nomination  of  candidates.  2157.     Filing  of  certiflcates  of  nomi- 

2152.  Certificates  of  nominations  by  nations. 

conventions.  2158.     Certifying       nominations       to 

2153.  Certificate    of    nomination    by  county  clerks. 

Individuals.  2159.     Publication     and     posting     of 

2154.  Nominations     other     than     by  nominations. 

conventions.  2160.     Lists    of  nominations    sent    to 

2155.  Contents     of     certiflcates     of  precinct         officers  —  Lists 

nominations.  posted. 

2156.  Preservation  of  certificates. 


B3LECTI0N  LAWS  63 

2151.  Nomination  of  candidates. — ^Any  convention  of  delegates  of  a 
political  party  which  presented  candidates  at  the  last  preceding  election 
held  for  the  purpose  of  making  nominations  to  public  oflace,  and  also 
voters  to  the  number  hereinafter  specified,  may  nominate  candidates  for 
public  offices  to  be  filled  by  election  within  this  state.  A  convention 
within  the  meaning  of  this  act  is  an  organized  assemblage  of  voters  or 
delegates  representing  a  political  party,  which  at  the  last  election  before 
the  holding  of  such  convention  polled  at  least  ten  percentum  of  the  entire 
vote  cast  in  the  state,  county  or  other  political  division  or  district  for 
which  the  nomination  may  be  made.  A  committee  appointed  by  any  such 
convention  may  also  make  nominations  to  public  office  when  authorized 
to  do  so  by  resolution  duly  passed  by  the  convention  at  which  such  com- 
mittee was  appointed.     [L.  '91,  p.  143,  §3.] 

1.  This  section  is  referred  to  in  People  vs.  The  District  Court,  18  Colo., 
26,    33,    34. 

2.  "The  above  section  merely  limits  to  the  specific  kind  of  political 
parties,  the  right  to  nominate  by  a  convention  or  nominating  committee." 
Schafer   vs.   Whipple,    25    Colo.,    400,    404. 

2152.  Certificates  of  nominations  by  convention. — All  nominations 
made  by  such  convention  or  committee  shall  be  certified  as  follows:  The 
certificate  of  nomination,  which  shall  be  in  writing,  shall  contain  thp 
name  of  the  office  for  which  each  person  is  nominated,  the  name,  post- 
office  address,  if  any,  and  residence  of  each  such  person,  and  if  in  a  city, 
the  street,  number  of  residence  and  place  of  business,  if  any,  and  shall 
designate,  in  not  more  than  five  words,  the  party  which  such  convention 
or  committee  represents.  It  shall  be  signed  by  the  presiding  officer  and 
secretary  of  such  convention  or  committee,  who  shall  add  to  their  signa- 
tures their  respective  places  of  residence,  and  postoffice  address,  if  any, 
and  make  oath,  before  an  officer  qualified  to  administer  the  same,  that  the 
affiants  were  such  officers  of  such  convention  or  committee,  and  that  said 
certificates  and  the  statements  therein  contained  are  true,  to  the  best  of 
their  knowledge  and  belief.  When  the  nomination  is  made  by  a  com- 
mittee, the  certificate  of  nomination  shall  also  contain  a  copy  of  the  reso- 
lution passed  at  the  convention,  which  authorized  the  committee  to  make 
such  nomination.  In  the  case  of  electors  of  president  and  vice-president 
of  the  United  States,  the  names  of  the  candidates  for  president  and  vice- 
president  may  be  added  to  the  political  party  or  appellation.  [L.  '91,  p. 
144,  §4.] 

2153.  Certificates  of  nomination  by  individuals. — Certificates  of 
nomination  of  candidates  for  offices  to  be  filled  by  the  voters  of  the  entire 
state,  or  of  any  division  or  district  greater  than  a  county,  shall  be  filed 
with  the  secretary  of  state.  Certificates  of  nomination  of  candidates  for 
offices  to  be  filled  by  the  voters  of  any  city  or  town  shall  be  filed  with  the 
clerk  of  such  city  or  town.  All  other  certificates  of  nomination  shall  be 
filed  with  the  clerks  of  the  respective  counties  wherein  the  officers  are  to 
be  elected.    [L.  '91,  p.  144,  §5.] 

2154.  Nominations  other  than  by  conventions. — Candidates  for  public 
office  may  be  nominated  otherwise  than  by  a  convention  or  committee  in 
the  manner  following:  A  certificate  of  nomination  containing  the  names 
of  the  candidates  for  the  offices  to  be  filled,  with  such  information  as  Is 
required  to  be  given  in  certificates  provided  for  by  section  four  of  this 
act,  except  that  said  certificate  shall  designate  in  not  more  than  five 
words,  instead  of  the  party,  the  political  or  other  name,  which  the  signers 
shall  select;  shall  be  signed  by  voters  residing  within  the  district  or 
political  division,  in  and  for  which  the  officer  or  officers  are  to  be  elected, 
to  the  number  of  at  least  five  hundred,  when  the  nomination  is  for  an 
office  to  be  filled  by  the  voters  of  the  entire  state;  of  at  least  one  hundred 
when  the  nomination  is  for  an  office  to  be  filled  by  the  voters  of  a  district, 
less  than  the  state  and  greater  than  a  county,  or  by  the  voters  of  a  county 
or  city;  of  at  least  fifty,  when  the  nomination  is  for  an  office  to  be  filled 
by  all  the  voters  of  a  ward,  town  or  other  division  less  than  a  county, 


64  ELECTION  LAWS 

Other  than  a  city.  The  signatures  to  a  certificate  of  nomination  need  not 
all  be  appended  to  one  paper.  The  certificate  may  designate  or  appoint 
upon  the  face  thereof,  one  or  more  persons  who,  for  the  purpose  set  forth 
in  sections  fourteen  and  fifteen  of  this  act,  shall  represent  the  signers  of 
said  certificate.  Each  voter  signing  a  certificate  shall  add  to  his  signa- 
ture his  place  of  residence  and  shall,  before  an  oflicer  duly  authorized  to 
take  acknowledgments,  acknowledge  his  signature  and  make  oath  that  he 
is  a  voter  within  and  for  the  political  division,  for  which  such  nomination 
is  made,  and  has  truly  stated  his  residence.  Said  certificate,  when 
executed  and  acknowledged  as  above  prescribed,  may  be  filed  as  provided 
for  in  section  four  of  this  act,  in  the  same  manner  and  with  the  same 
effect  as  a  certificate  of  nomination  made  by  a  convention  or  committee. 
[L.  '91,  p.  144,  §6.] 

[Section  4  referred  to  is  section  2152.] 

[Sections  14  and  15  above  referred  to  are  sections  2162  and  2163.] 

1.  Section  6,  p.  144,  Session  Laws  1891,  provides  that  a  certificate  of 
nomination  containing  the  names  of  the  candidates  shall  be  signed  by  voters 
residing  within  the  district  for  which  the  officers  are  to  be  elected,  and  that 
each  signer  shall  add  to  his  signature  his  place  of  residence,  and  shall  make 
an  oath  that  he  is  a  voter  in  such  district  and  has  truly  stated  his  residence. 
Held,  that  such  voter  must  not  only  sign  the  certificate,  but  must  also  sign 
the  oath,  and  that  a  failure  so  to  do  invalidates  the  certificate. — P.  9.  Cowie, 
Sec.   of  State  vs.   Means,   39  Colo.,   1. 

2.  Where  the  original  certificate  of  nomination,  under  Section  6,  p. 
144,  Session  Laws  1901,  is  void  because  the  oath  was  not  signed  by  the 
voters,  that  portion  of  it  assuming  to  appoint  a  committee  to  fill  vacancies 
is  likewise  void,  and  such  alleged  committee  has  no  power  to  act. — P.  9. 
Cowie,    Sec.    of   State   vs.   Means,    39   Colo.,    2. 

3.  Certain  alleged  certificates  of  nomination  to  fill  vacancies  were 
handed  for  filing  to  the  secretary  of  state,  on  board  a  train  bound  for  another 
city,  at  the  union  depot  in  Denver,  at  7  p.  m.,  October  27,  preceding  the 
general  election  to  be  held  on  November  6.  Held,  that  such  action  did  not 
constitute  a  legal  filing  of  such  certificates,  as  of  that  date,  it  being  neces- 
sary to  tender  such  certificates  for  filing  at  the  office  of  the  secretary  of 
state  to  some  person  in  charge  during  business  hours,  and  at  a  time  not 
less  than  eight  days  before  election. — P.  10.  Cowie,  Secretary  of  State  vs. 
Means,    39   Colo.,    2. 

2155.  Contents  of  certificates  of  nomination. — No  certificate  of  nomi- 
nation shall  contain  the  names  of  more  candidates  for  any  ofiice  than 
there  are  oflSces  to  fill,  but  if  any  such  certificate  does  contain  the  names 
of  more  candidates  than  there  are  offices  to  fill,  only  those  names  which 
come  first  in  order  on  such  certificate,  and  are  equally  numbered  with  the 
number  of  offices  to  be  filled,  shall  be  taken  as  nominated,  and  all  the 
rest  of  such  names  shall  be  treated  as  surplusage.  No  person  shall  sign 
more  than  one  certificate  of  nomination  for  any  office.      [L.  '91,  p.  145,  §7.] 

2156.  Preservation  of  certificates. — The  secretary  of  state  shall  cause 
to  be  preserved  in  his  office,  for  the  period  of  two  years,  all  certificates  of 
nomination  filed  therein  under  the  provisions  of  this  act;  and  each  county 
clerk  or  city  clerk  shall  cause  to  be  preserved  in  his  office,  for  a  like 
period,  all  certificates  of  nomination  filed  therein.  All  such  certificates 
shall  be  open  to  public  inspection,  under  proper  regulations,  to  be  made 
by  the  officers  with  whom  the  same  are  filed.  [L.  '91,  p.  145,  §8.] 

2157.  Filing  of  certificates  of  nomination. — When  nominations  are 
made  by  a  convention  or  committee,  as  provided  for  in  section  four  of 
this  act,  the  certificates  of  nomination  to  be  filed  with  the  secretary  of 
state  shall  be  filed  not  more  than  sixty  nor  less  than  thirty  days  before 
the  day  of  election  and  the  certificates  of  nomination  herein  directed  to 
be  filed  with  the  county  clerk  shall  be  filed  not  more  than  sixty,  nor  less 
than  fifteen  days  before  election;  and  the  certificates  of  nomination 
herein  directed  to  be  filed  with  the  city  clerk  shall  be  filed  not  more  than 
thirty  nor  less  than  fifteen  days  before  the  day  of  election.  Certificates 
of  nomination,  otherwise  than  by  a  convention  or  committee,  made  ac- 
cording to  the  provisions  of  section  six  of  this  act,  shall,  when  required 
to  be  filed  with  the  secretary  of  state,  be  filed  not  more  than  forty  nor 
less  than  thirty  days  before  election;  and  when  required  to  be  filed  with 


ELECTION  LAWS  65 

the  county  clerk,  shall  be  filed  not  more  than  thirty  nor  less  than  fifteen 
days  before  election;  and  when  required  to  be  filed  with  the  city  clerk, 
shall  be  filed  not  more  than  thirty  nor  less  than  fifteen  days  before 
election.  All  certificates  of  nominations  made  by  conventions  shall  be 
filed  in  the  proper  oflices,  not  later  than  five  days  after  the  date  of  such 
nominations.     [L,  '91,  p.  146,  §9.] 

[Section  4  referred  to  is  section  2152.] 

[Section  6  referred  to  is  section  2154.] 

2158.  Certifying  nominations  to  county  clerks. — The  secretary  of 
state,  shall,  immediately  upon  the  expiration  of  the  time  within  which 
certificates  of  nomination  may  be  filed  with  him  and  corrections  thereof 
made,  certify  to  the  county  clerk  of  each  county,  within  which  any  of  the 
voters  may  by  law  vote  for  the  candidates  named  in  the  certificate,  the 
name  and  description  of  each  such  candidate,  together  with  the  other 
details  mentioned  in  such  certificate  of  nomination  so  filed  with  the  sec- 
retary of  state.     [L.  '91,  p.  146,  §10.] 

2159.  Publication  and  posting  of  nominations. — For  at  least  six  suc- 
cessive days  before  an  election  to  fill  any  public  office,  the  county  clerk 
of  each  county  or  the  city  or  town  clerk  of  each  town  shall  give  notice 
in  not  less  than  two  nor  more  than  four  newspapers  published  within 
the  county,  a  list  of  all  nominations  to  offices  certified  to  him  under  the 
provisions  of  this  act.  Such  publications  shall  contain  the  name  and  resi- 
dence, and,  if  in  a  city,  the  street,  number  of  residence  and  place  of  busi- 
ness, if  any,  and  the  party  or  other  designation  of  each  candidate,  and 
shall  be,  as  far  as  possible,  in  the  form  in  which  such  nominations  shall 
appear  upon  the  official  ballots.  In  the  case  of  municipal  elections  such 
publication  of  the  names  of  candidates  for  municipal  oflices  shall  be  made 
in  newspapers  which  are  published  within  the  municipality  where  the 
election  is  to  be  held.  One  of  such  publications  shall  be  made  in  a  news- 
paper which  advocates  the  principles  of  the  political  party  that  at  the 
last  preceding  state  election  cast  the  largest  number  of  votes,  and  another 
of  such  publications  shall  be  made  in  the  newspaper  which  advocates  the 
principles  of  the  political  party  which  at  the  last  preceding  state  election 
cast  the  next  largest  number  of  votes.  The  county  clerk,  in  selecting  the 
respective  papers  for  such  publication,  shall  select  those  which,  according 
to  the  best  information  he  can  obtain,  have  the  largest  circulation  within 
the  county.  For  the  purpose  of  ascertaining  which  paper  published  in 
said  county  has  the  largest  circulation,  the  county  clerk  may  require  a 
sworn  certificate  showing  the  number  of  bona  fide  subscribers  to  each 
newspaper.  In  making  additional  publications  county  clerks  shall  keep  in 
view  the  object  of  giving  information  as  far  as  possible  to  the  largest 
number  of  voters  of  all  political  parties,  and  in  no  event  shall  such  addi- 
tional publication  be  made  in  two  newspapers  representing  the  same 
political  party.  The  county  clerk  shall  make  such  publications  daily  in 
counties  where  daily  newspapers  are  published,  but  if  there  be  no  daily 
newspaper  published  within  the  county,  one  publication  in  each  news- 
paper shall  be  sufllcient.  Should  the  county  clerk  find  it  impracticable 
to  make  the  publication  six  days  before  election  day  in  counties  where  no 
daily  paper  is  printed,  he  shall  make  the  same  at  the  earliest  possible  day 
thereafter,  and  one  of  the  publications  in  any  newspaper  shall  be  in  the  last 
issue  thereof  before  the  day  of  election.  In  counties  where  there  are  no 
daily  papers  the  county  clerk  shall  make  the  publication  at  the  earliest 
possible  day  after  the  filing  in  his  office  of  such  certificates  of  nomination, 
and  in  counties  where  it  is  impracticable  to  make  such  publication  In 
newspapers  advocating  opposite  political  principles  such  publication  shall 
be  made  in  the  newspaper  having  the  largest  circulation,  and  in  counties 
where  there  are  no  newspapers  published  the  county  clerk  shall  post 
double  the  number  of  printed  lists  and  such  additional  lists  shall  be  posted 
in  other  conspicuous  places  in  different  portions  of  the  county.  [L.  '91, 
p.  146,  §11.] 


66  ELECTION  LAWS 

1.  It  seems  that  the  county  clerk  should  prescribe  the  form  In  which 
the  list  of  nominations  for  an  impending  election  shall  be  published. —  (466) 

But  under  the  Statute  Laws  1891,  146,  Section  11;  3  Mills'  Stats.  (Rev. 
Sup.)  Section  1625k;  Rev.  Stats.,  Section  2159;  Laws  1894,  c.  7,  Section  2; 
3  Mills'  Stats.  (Rev.  Sup.),  Section  1625r;  Rev.  Stats.,  Section  2235)  the 
list  in  some  cases  must  necessarily  be  printed  in  double  columns.  In  such 
case  the  printer  is  not  to  be  denied  compensation  for  the  publication,  by 
reason  of  the  supposed  non-observance  of  the  clerk's  directions  to  print  in 
another  form. —  (467).  Commissioners  of  Montezuma  County  vs.  Frederick, 
50  Colo..    464. 

2.  The  publication  of  the  list  of  nominations  is  county  printing;  and 
the  contract  of  the  publisher  of  a  newspaper  for  the  legal  printing  of  a 
county  may  be  so  framed  as  to  include  the  printing  of  such  list,  in  case 
the  clerk  should  select  such  newspaper  for  its  publication. — (468).  Com- 
missioners of  Montezuma  County  vs.  Frederick,  50  Colo.,  464. 

3.  The  statute  directing  the  county  clerk  to  publish,  prior  to  every 
election,  the  list  of  all  nominations  (Rev.  Stat.  Sec.  2159)  prescribes  a  public 
duty,  for  the  benefit  of  the  public  only.  It  imposes  upon  the  clerk  no  duty 
towards  the  publisher  of  any  newspaper,  and  his  refusal  to  make  such 
publication  in  the  only  daily  newspaper  of  the  county  affords  no  action  to 
such    publisher.     People   vs.    Hoag,    54    Colo.,    542. 

4.  This  section  is  referred  to  in  Capps  vs.  Krier,   25  Colo.,   474,   479. 

2160.  Lists  of  nominations  sent  to  precinct  officers — Lists  posted. — 
The  county  clerk  of  each  county  and  the  city  clerk  of  each  city  and  the 
town  clerk  of  each  town  shall,  at  least  six  days  before  election  day,  send 
to  the  election  officers  in  each  election  precinct  in  such  county,  city  or 
town  at  least  five  and  not  more  than  ten  copies,  for  each  election  pre- 
cinct, of  printed  lists  containing  the  name  and  residence,  and  if  in  a  city, 
the  street,  number  of  residence  and  place  of  business,  if  any,  and  party 
or  other  designation  of  each  candidate  nominated,  as  hereinbefore  pro- 
vided, to  be  voted  for  by  the  voters  of  the  respective  counties,  cities  or 
towns.  Such  lists  shall,  at  least  three  days  before  the  day  of  election,  be 
conspicuously  posted  by  such  election  officers  in  one  or  more  public  places 
in  each  election  precinct  of  the  county,  city  or  town,  one  or  more  of  which 
shall  be  duly  placed  where  such  election  is  to  be  held.  [L.  '91,  p.  148,  §12.] 

H.     REQISTBATION  OF  ElkECTOBS. 

1.  In  Outlying  Precincts  and  Towns  op  Less  Than  2,000  Popula- 
tion.—2164-2173. 

2.  In  Cities  of  2,000  to  5,000  Poipulatton.' 

3.  Certain  Special  and  General  City  Elections. 

4.  In  Cities  of  More  Than  5,000  Population.- 

1.     IN  OUTI.TING  PRECINCTS  AND  TOWNS  OF  I.X!SS  THAN 
2,000  FOFUI^ATION. 

Section  Section 

2164.  Secretary     of     state     furnish        2169.     Board  of  registry  meet  to   re- 

books  and  blanks.  vise  lists. 

2165.  County     clerk     furnish     blank        2170.     New  precincts  —  Judges  — 

registries.  Change    of    registration. 

2166.  Who   may  be  registered.  2171.     Revision    of   municipal    regis- 
^167.     Judges    meet    to    make    regis-  try  lists. 

tration — Time  allowed.  2172.     Registry,      how      made — Filed 

2168.     Form      of     lists — Copies — Re-  with  town  clerk. 

turn  of  lists.  2173.     Return  of  registries  to  county 

clerk. 

2164.  Secretary  of  state  furnish  books  and  blanks. — It  shall  be  the 
duty  of  the  Secretary  of  State  to  make  out  a  complete  form  of  a  registry 
book,  alphabetically  arranged,  with  the- oath  of  the  registrar  in  blank,  and 
the  requisite  blank  columns  properly  headed,  and  have  the  same  printed, 
and  to  send  copies  thereof  to  the  county  clerk  of  each  county  in  the  State, 
together  with  a  suflEicient  number  of  copies  of  the  registry  and  election 
laws  bound  in  pamphlet  form.     [G.  S.,  §1266;  G.  L.,  §1042.] 

2165.  County  clerk  furnish  blank  registries. — It  shall  be  the  duty  of 
the  county  clerk  of  each  county  to  furnish  annually  for  the  use  of  the 
Board  of  Registry  in  each  precinct  or  ward  In  his  county,  four  printed 


ELECTION  LAWS  67 

copies  of  said  blank  registries  and  send  them  by  mail  or  other  safe  con- 
veyance to  the  judges  of  elections  in  such  wards  or  precincts  at  least 
twenty  (20)  days  prior  to  the  day  of  the  first  meeting  of  the  Board  of 
Registry  as  herein  provided.     [G.  S.,  §1267;  G.  L.,  §1043.] 

2166.  Who  may  be  registered — Oath. — That  hereafter  the  judges  of 
election,  when  acting  as  a  Board  of  Registry  in  cases  provided  by  law, 
shall  not,  in  any  case,  allow  the  name  of  any  person  to  be  placed  on  the 
list  of  registered  voters,  called  the  registry  of  elections,  in  any  ward 
or  voting  precinct  in  the  State,  unless  in  the  following  cases: 

First — When  the  person  whose  name  is  to  be  registered,  and  also  the 
facts  of  his  legal  qualifications  as  a  voter  in  the  ward,  township  or  pre- 
cinct in  which  such  registry  is  made,  shall  be  known  to  one  or  more  of 
the  persons  acting  as  such  Board  of  Registry,  and  the  judge  or  person 
so  acting  on  such  Board  of  Registry  to  whom  such  voter  and  his  legal 
qualifications  are  known,  shall  sign  his  name  on  the  registry  roll  or  list 
opposite  the  name  of  such  voter,  and  the  judge  or  person  acting  as  a  mem- 
ber of  such  Board  of  Registry  so  signing  his  name  opposite  the  name  of 
such  voter  shall  be  deemed  and  held  to  have  vouched,  under  oath,  that 
such  person  so  registered  is  a  legal  voter  within  the  ward,  township  or 
precinct  in  which  such  registry  is  made;  and  such  judge  or  person  acting 
on  such  Board  of  Registry  who  shall  sign  his  own  name  as  aforesaid, 
shall  be  subject  to  the  same  liability,  in  all  respects,  as  a  person  making 
aflidavit  under  the  provisions  of  the  next  following  subdivision  of  this 
section.  But  any  person  claiming  the  right  to  be  registered  as  a  legal 
voter  in  any  ward,  township  or  precinct,  shall  be  so  registered  by  the 
Board  of  Registry  at  any  session  of  said  board,  excepting  the  last  session, 
held  the  day  preceding  the  ensuing  election;  Provided,  Such  persons  shall 
make  personal  application  to  so  be  registered,  and  take  and  subscribe 
before  said  Board  of  Registry  the  following  oath  [Note:  This  form  and 
the  form  of  oath  under  "second"  helow  a/re  made  to  correspond  to  the 
requirements  of  Amendment  of  1902,  Colorado  Constitution  Article  VII, 
Section  1,  and  iiession  Laws  of  1903,  page  214] : 

I, ,  do  solemnly  swear  (or  aflfirm)  that  on  the 

date  of  the  next  ensuing  election  I  shall  be  over  the  age  of  twenty-one 
years  and  shall  have  resided  in  the  State  of  Colorado  at  least  twelve 
months,  and  in  the  county  at  least  ninety  days  preceding  the  said  elec- 
tion (and  in  the  incorporated  town  of .at  least  thirty  days), 

and  in  precinct (or  ward )  at  least  ten  days 

before  the  election,  and  that  I  am  a  citizen  of  the  United  States  and  a 
qualified  elector  in  said  precinct. 

Second — When  a  legal  voter,  being  registered  in  such  ward,  township 
or  precinct,  and  known  as  such,  by  one  or  more  of  such  judges  or  persons 
acting  on  such  Board  of  Registry,  or  proven  to  be  such  by  aflidavit  of 
some  known  legal  voter,  registered  in  such  ward,  township  or  precinct,  in 
similar  form  to  that  herein  following,  shall  make  affidavit  in  substance  as 
follows : 

I do  solemnly  swear  by  the  everliving  God 

(or  affirm)  that  I  am  a  citizen  of  the  United  States  and  a  qualified  elector 

in  precinct (in  ward ) ,  (in  the  incorporated 

town  of ),  and  in  the  county  of ;  that 

I  am  registered  from  No Street,  and  a  resident  of  that 

address;  that whose  name  I  have  caused  to  be  placed 

on  the  registered  list  of  qualified  voters  from  the  same  address  in  this 
precinct,  resides  at  such  address,  and  has  resided  in  said  precinct  (or 
ward)  for  ten  days  last  past  (in  said  incorporated  town  for  at  least  thirty 
days),  and  in  said  county  at  least  ninety  days,  and  is  a  citizen  of  the 
United  States  over  the  age  of  twenty-one  years  and  a  qualified  elector 
entitled  to  be  registered  and  to  vote  from  such  address  in  such  precinct 
at  the  ensuing  election. 

The  blanks  therein  filled  with  the  proper  names,  dates,  places  and 
numbers,  as  the  case  may  require,  and  such  affidavit  shall  show  that  the 


68  ELECTION  LAWS 

person  so  offering  to  vote  is,  or  will  be  by  the  day  of  election  next  ensu- 
ing, in  all  respects  a  legal  voter  in  such  ward  or  precinct.  [L.  '89,  p.  154, 
§1;  amending  G.  S.,  §1274;  G.  L.,   §1051.] 

[The  above  section  is  amended  as  to  qualifications  of  elector  by  section 
2146.] 

2167.  Judges  meet  to  make  registration — Time  allowed. — The  judges 
of  elections  in  the  several  wards  and  election  precincts  shall  meet  on 
Tuesday,  three  weeks  before  the  day  upon  which  any  general  election 
shall  by  law  be  appointed  to  be  held,  at  nine  o'clock  a.  m.  of  said  day, 
and  proceed  to  make  a  registry  list,  as  hereinafter  prescribed,  of  the 
names  of  all  persons  qualified  and  entitled  to  vote  at  the  ensuing  election 
in  the  ward  or  precinct  in  which  they  are  judges,  which  list,  when  com- 
pleted and  revised,  as  hereinafter  provided,  shall  constitute  the  registry  of 
electors  of  said  precinct.  Whenever,  at  the  last  election  in  any  precinct, 
prior  to  the  meeting  of  such  Board  of  Registry,  the  number  of  votes  cast 
in  such  precinct  shall  have  exceeded  three  hundred,  the  said  board  may 
continue  in  session  for  the  purpose  of  making  such  registry,  five  days  if 
necessary;  when  the  number  of  votes  cast  in  such  precinct  shall  have 
exceeded  one  hundred,  the  said  board  may  continue  in  session,  for  the 
purpose  of  making  such  registry,  three  days  if  necessary,  otherwise  but 
one  day.     [G.  S.,  §1259;  G.  L.,  §1035.] 

[In  case  of  new  precincts  and  divisions,  see  section  2170.] 

In  connection  with  the  above  sec^tion  see  also  Section  39,  page  l'»5. 

2168.  Form  of  lists — Copies — Return  of  lists. — The  list  so  made  shall 
contain  the  names  of  the  qualified  electors  of  the  ward  or  voting  precinct 
in  which  the  same  is  made,  alphabetically  arranged,  according  to  sur- 
names, so  as  to  show  in  one  column  the  name  of  each  elector  at  full 
length,  and  in  another  the  place  of  his  residence,  designated  by  the  num- 
ber or  name  of  street,  and  number  of  house,  if  known,  or  the  section  or 
other  subdivision  thereof,  according  to  United  States  surveys,  on  which 
such  elector  shall  reside,  if  he  reside  on  surveyed  lands,  and  if  not,  such 
description  as  will  best  locate  his  residence.  Said  board  shall  enter  on 
said  list  the  names  of  all  legally  qualified  electors  in  such  ward  or  pre- 
cinct, or  of  those  who  will  become  such,  by  lapse  of  time,  on  or  before  the 
next  ensuing  day  of  such  general  election,  as  aforesaid,  in  all  cases  in 
which  such  entry  can  be  made  consistent  with  the  provisions  hereinafter 
contained.  For  the  convenience  of  the  said  board  they  are  authorized  to 
take  from  the  office  of  the  county  clerk  the  poll  list  of  such  ward  or  pre- 
cinct, filed  by  the  judges  of  the  last  preceding  election  in  such  precinct. 
Said  board  shall  make  four  copies  of  such  registry  list  when  revised  and 
completed,  which  list  they  shall  certify  to  be  correct,  and  forward  one 
copy  to  the  office  of  the  county  clerk,  and  retain  two  copies  for  use  on 
election  day;  and  one  copy  they  shall,  within  two  days  from  the  comple- 
tion thereof,  post  in  some  conspicuous  place  where  the  last  election  was 
held  in  such  precinct,  and  so  as  to  be  accessible  and  convenient  to  any 
elector  who  may  desire  to  inspect  the  same.  The  Board  of  County  Com- 
missioners may  cause  to  be  printed  and  published  any  such  registry  list 
when  completed,  at  an  expense  not  exceeding  two  cents  per  name  thereon. 
[G.  S.,  §1260;  G.  L.,  §1036.] 

2169.  Board  of  registry  meet  to  revise  lists. — Every  Board  of  Registry 
shall  meet  on  the  Tuesday  of  the  week  preceding  any  and  every  general 
election,  at  the  place  designated  for  holding  such  election,  for  the  purpose 
of  revising,  correcting  and  completing  such  registry  list,  and  in  all  cases 
they  shall  meet  at  nine  o'clock  a.  m.,  and  remain  in  session  until  six 
o'clock  of  said  day.  Said  Boards  of  Registry  shall  meet  at  the  place 
designated  for  holding  such  election,  on  the  day  preceding  the  election,  at 
nine  o'clock  a.  m.,  and  remain  in  session  until  six  o'clock  p.  m.  of  the 
same  day,  at  which  time  any  elector  whose  name  is  not  on  the  revised 
registry  list  may  have  his  name  placed  thereon;  Provided,  He  shall  take 
and  subscribe  to  the  oath     prescribed  in  section  forty  of  this  act,  and 


ELECTION  LAWS  69 

shall  prove  by  the  oath  of  two  registered  electors  of  the  precinct  (or 
ward)  that  such  person  has  been  a  resident  of  the  precinct  ten  days,  of 
the  county  thirty  days,  and  of  the  State  six  months  next  preceding  the 
day  of  election,  and  that  they  verily  believe  him  to  be  a  qualified  elector. 
Said  oaths  shall  be  taken  and  subscribed  to  in  the  presence  of  the  Board 
of  Registry,  either  of  whom  may  administer  the  oath;  and  said  oaths  shall 
be  preserved  and  filed  in  the  office  of  the  county  clerk,  together  with  the 
poll  lists  of  said  election.  The  name  of  such  person  and  his  residence,  as 
given  by  him,  shall  be  entered  upon  the  registry  list,  and  opposite  the 
name  of  such  person  shall  be  marked  the  word  "affidavit"  and  the  names 
of  the  witnesses.     [G.  S.,  §1261;  G.  L.,  §1037.] 

[Section  40  above  referred  to  is  found  as  amended  as  section  2254.] 

2170.  New  precincts — Judges — Change  of  registration. — In  case  any 
new  election  precinct  shall  be  formed,  the  county  commissioners  shall  im- 
mediately appoint  judges  of  election  therein;  and  in  the  case  of  the  divi- 
sion of  any  voting  precinct,  the  names  of  all  voters  residing  in  that  part 
of  any  precinct  stricken  off  shall  be  stricken  from  the  registry  list  in  the 
voting  precinct  from  which  such  part  shall  have  been  stricken,  and  shall 
be  inserted  in  the  registry  lists  of  the  precincts  to  which  such  part  may 
have  been  attached,  at  the  first  registration  of  voters'  names  in  each  such 
precinct  respectively.    [G.  S.,  §1273;  G.  L.,  §1050.] 

2171.  Revision  of  municipal  registry  lists. — The  persons  appointed 
judges  of  election  in  every  incorporated  town  or  city,  hereafter,  shall 
meet  on  Tuesday  of  the  week  preceding  each  municipal  election  in  town 
or  city  in  which  they  are  such  judges,  in  the  several  precincts,  at  the 
place  of  holding  municipal  elections  therein,  for  the  purpose  of  revising, 
correcting  and  completing  the  annual  registry  in  this  act  required  to  be 
made,  and  for  that  purpose  they  are  authorized  to  take  from  the  oflace 
of  the  county  clerk  the  last  annual  registry  of  electors  of  the  wards  or 
precincts,  including  the  town  or  city  in  which  they  are  appointed  judges. 
[G.  S.,  §1268;  G.  L.,  §1044.] 

2172.  Registry  how  nnade — Filed  with  town  clerk. — The  said  last 
mentioned  registrars  shall,  in  all  respects,  proceed  in  the  revising  and 
correcting  of  their  respective  wards  or  precincts  as  is  hereinbefore  pro- 
vided for  in  the  revision  and  correcting  of  the  annual  registries  except 
that  the  registry  list,  as  so  revised  and  corrected  by  such  city  or  town 
registrars,  shall  be  filed  with  the  city  or  town  clerk  of  the  proper  city  or 
town.     [G.  S.,  §1269;  G.  L.,  §1045.] 

2173.  Return  of  registries  to  county  clerk. — All  registries  taken  from 
the  county  clerk's  office  under  the  provisions  of  the  last  section  shall  be 
returned  to  the  county  clerk  within  ten  (10)  days  after  the  day  of  regis- 
try for  which  they  may  be  taken  out  of  the  same.  [G.  S.,  §1270;  G.  Li., 
§1046.] 

2.      IN   CITIES   OF   2,000   TO   5,000  FOFTJI.ATION. 

Section  1.  Registration  compulsory  except  for  school  elections  in 
cities  with  population  of  2,000  to  5,000  inhabitants. — No  person  shall 
hereafter  be  permitted  to  vote  at  any  primary,  or  general  or  special 
election  provided  for  by  law,  whether  national,  state,  district,  county 
or  city,  for  candidates  for  office,  or  upon  constitutional  or  charter 
amendments,  or  public  franchises  or  the  issuance  of  bonds,  or  other 
questions,  matter  or  measure  submitted  to  the  vote  of  the  qualified 
electors,  held  in  any  election  precinct  included  wholly  or  in  part  within 
the  limits  of  cities  with  a  greater  population  than  2,000  inhabitants, 
and  not  exceeding  5,000  inhabitants,  without  first  having  been  registered 
within  the  time  and  in  the  manner  and  form  required  by  the  provisions 
of  this  act;  Provided,  That  this  act  shall  not  apply  to  elections  concern- 
ing schools. 


70  ELECTION  LAWS 

Sec.  2.  Definition  of  words  and  phrases. — The  words  and  phrases 
of  this  act,  unless  same  is  inconsistent  with  the  context,  shall  he  con- 
strued as  follows: 

(a)  The  words  "Registration  Committee"  to  mean  the  three  per- 
sons provided  to  be  appointed  by  this  act;  a  "majority"  of  the  registra- 
tion committee  to  mean  two  members  thereof. 

(b)  The  words  "County  Clerk"  to  mean  the  County  Clerk  and 
Recorder  of  each  county. 

(c)  The  population  of  the  cities  shall  be  determined  by  the  latest 
federal  census. 

(d)  The  words  "County  Commissioners"  to  mean  the  Board  of 
County  Commissioners  of  each  county. 

(e)  In  computing  time  for  any  act  to  be  done  before  any  election, 
as  provided  hereunder,  the  first  day  shall  be  included,  and  the  last, 
to-wit,  election  day,  shall  be  excluded.  If  the  time  for  any  act  to  be  done, 
as  provided  herein,  shall  fall  on  Sunday  or  a  legal  holiday,  such  act 
shall  be  done  upon  the  day  following  such  Sunday  or  legal  holiday,  and 
such  Sunday  or  legal  holiday  shall  not  be  included  in  any  given  number 
of  days  designated  as  the  time  in  which  any  act  is  to  be  done  or  per- 
formed, as  provided  in  this  act. 

(f)  The  words  "election,"  or  "election  day,"  mean  any  election 
within  the  provisions  of  this  act,  other  than  a  primary. 

(g)  The  words  "preceding  election"  mean  the  last  election  except 
a  primary,  helu  for  candidates  for  oflSce  which  was  within  the  provisions 
of  this  act  and  irrespective  of  whether  it  was  a  similar  election  or  not. 

(h)  The  words  "general  election"  mean  any  general  state,  county 
or  city  election  for  the  election  of  officers,  but  not  a  primary. 

Sec.  3.  County  Commissioners  group  election  precincts  into  regis- 
tration districts  and  appoint  registration  committee. — The  Board  of 
County  Commissioners  of  any  county  wherein  any  such  city  is  situate, 
is  hereby  directed  to  group  into  Registration  Districts  a  number  of  elec- 
tion precincts  not  less  than  three  nor  more  than  twelve  in  each  Regis- 
tration District.  In  each  Registration  District  there  shall  be  appointed, 
as  herein  provided,  three  qualified  electors  of  said  district  to  be  called 
the  "Registration  Committee." 

Sec.  4.  County  Clerk  appoint  Registration  Committee. — The  Regis- 
tration Committee  shall,  in  accordance  with  the  provisions  hereof,  be 
appointed  by  the  County  Clerk  for  each  of  the  said  Registration  Dis- 
tricts in  the  county,  on  the  first  Tuesday  in  July,  1918,  and  upon  the 
same  day  every  two  years  thereafter,  in  the  manner  herein  provided, 
and  the  County  Clerk  shall  make  and  file  in  his  office  a  list  of  each 
and  all  persons  so  appointed,  their  names,  business,  postoffice  and  resi- 
dence addresses. 

Sec.  5.  County  chairman  certify  list  of  electors  for  Registration 
Committee — If  no  county  chairman  precinct  committeeman  submit  list. — 
Between  the  first  day  of  May  and  the  third  Tuesday  in  June,  1918,  and 
during  said  period  every  two  years  thereafter,  the  County  Chairman  of 
each  of  the  two  political  parties  in  each  county  having  cast  the  highest 
and  the  next  highest  number  of  votes  for  Governor  at  the  last  general 
election  for  state  officers,  shall,  in  accordance  with  the  provisions  hereof, 
certify  to  the  County  Clerk  the  names  of  not  less  than  three  nor  more 
than  six  qualified  electors  in  each  of  the  Registration  Districts  in  such 
city,  together  with  the  postoffice,  residence  and  business  address  of  each 
of  such  persons  so  certified.  Each  chairman  shall  also  certify  that  at 
least  two  of  the  persons  named  are  willing  to  serve  upon  the  Regis- 
tration Committee  in  their  Registration  Districts  respectively.  Each 
County  Chairman  shall  designate  the  order  of  his  choice  of  such  name? 
for  service  upon  the  Registration  Committee  in  each  district,  and  the 
•persons   so  first  designated  by  the   County  Chairman  shall  be   chosen 


ELECTION  LAWS  71 

by  the  County  Clerk  as  members  of  the  Registration  Committee.  The 
third  member  of  said  Registration  Committee  shall  be  chosen  by  the 
said  County  Clerk  from  the  list  of  names  submitted  to  him  by  the  re- 
spective chairmen  from  one  of  the  lists.  If  for  any  reason  any  one 
selected  to  act  upon  the  Registration  Committee  refuses,  fails  or  is 
unable  to  act  at  any  time  within  forty-eight  hours  before  the  date  of 
registration  for  any  election  or  primary,  it  shall  be  the  duty  of  such 
member  of  the  committee,  or  any  member  of  the  committee,  to  notify 
the  County  Clerk,  whereupon  the  County  Clerk  shall  forthwith,  by  the 
most  speedy  and  convenient  method,  notify  the  County  Chairman  of  the 
political  party  to  which  such  member  belongs,  whereupon  it  shall  be  the 
duty  of  the  County  Chairman  of  such  political  party  forthwith  to  desig- 
nate to  the  County  Clerk  the  name  of  some  other  elector  in  such  Regis- 
tration District  to  act  in  the  place  of  such  person.  If  it  is  impossible 
to  notify  such  County  Chairman  of  any  such  vacancy  in  the  committee, 
during  the  time  of  registration  two  members  of  such  committee  shall 
perform  the  duties  of  such  committee  until  such  vacancy  is  filled  as  pro- 
vided herein.  If  there  shall  not  be  a  majority  of  such  committee  remain- 
ing, in  such  contingency  the  County  Clerk  shall  designate  to  act  upon 
such  committee,  pending  the  filling  of  such  vacancy  as  provided  herein, 
some  qualified  elector  in  said  Registration  District  belonging  to  the 
party  entitled  to  such  representation,  so  as  to  constitute  a  majority  of 
the  Registration  Committee;  Provided,  however,  That  the  County  Clerk 
must  designate  some  person  who  was  originally  named  by  the  County 
Chairman  in  the  list  submitted  as  herein  provided,  if  any  such  person  be 
willing  to  act.  If  there  be  no  County  Chairman  in  any  county,  so  that  there 
can  be  no  specific  compliance  with  the  provisions  of  this  act,  as  to 
appointment  of  Registration  Committees,  the  County  Clerk  shall  make 
such  appointments  as  near  in  compliance  with  the  intention  of  this  act 
as  possible,  obtaining  such  lists  of  names  from  Precinct  Committeemen 
of  such  party,  if  any,  and  if  not,  then  selecting  representatives  of  such 
political  organizations  as  may  be  entitled  to  representation  on  said 
committees. 

Sec.  6.  County  Clerk  issue  certificate  of  appointment. — ^Within  five 
days  after  the  time  provided  herein  for  the  designation  and  appoint- 
ment by  the  County  Clerk  of  the  members  of  such  Registration  Com- 
mittee, it  shall  be  the  duty  of  the  County  Clerk  to  issue  three  certifi- 
cates, under  his  official  seal,  certifying  to  the  appointment  of  such  com- 
mittees in  the  district  as  provided  herein.  Such  certificates  shall  con- 
tain the  name,  business,  postoffice  and  residence  address  of  the  mem- 
bers of  such  committee  in  each  registration  district,  with  a  statement 
under  the  seal  of  the  Clerk  that  they  were  selected  by  him  in  accord- 
ance with  the  provisions  of  this  act,  one  of  which  certificates  shall  be 
mailed  by  the  County  Clerk  to  each  of  the  members  of  such  committee, 
addressed  to  his  postoffice  address.  It  shall  also  be  the  duty  of  the 
County  Clerk  within  the  said  five  days  to  transmit  by  mail  to  each  of  the 
respective  County  Chairmen  of  the  two  principal  political  parties  afore- 
said, a  true,  exact  and  certified  copy  of  the  list  of  members  of  the 
Registration  Committee  appointed  as  herein  provided.  The  original  of 
such  lists,  on  file  in  the  office  of  the  County  Clerk,  and  other  registration 
lists  of  names  and  election  records,  shall  be  public  records,  and  sub- 
ject to  inspection  and  examination,  during  office  hours,  by  any  elector 
of  the  state,  and  to  the  right  to  make  copies  thereof. 

Sec.  7.  Form  of  oath  of  Registration  Committee — Compensation-— 
Clerks — Compensation. — ^With  the  certificates  transmitted  or  delivered 
by  the  County  Clerk  to  the  members  of  the  Registration  Committee  in 
the  Registration  Districts  respectively,  there  shall  be  enclosed  the  form 
of  oath  hereinafter  set  forth,  which  shall  be  filled  out  and  signed  by  each 
member  of  such  committee,  and  returned  and  filed  in  the  office  of  the 
County  Clerk  within  five  days  after  the  date  of  receipt  of  such  form  of 
oath  by  said  Registration  Committee,  and  it  shall  be  a  public  record. 


72  ELECTION  LAWS 

The  oath  to  be  taken  and  subscribed  by  the  members  of  the  Registration 
Committee  shall  be  substantially  as  follows: 

I,  do  solemnly  swear  (or  affirm)  that 

I  am  a  citizen  of  the  United  States  and  the  State  of  Colorado,  of  the 

County   of ,   City   of ; 

that  I  have  resided  within  the  limits  of  the  Registration  District  for 
which  I  have  been  appointed  for  at  least  six  months  last  past;   that  I 

am  a  bona  fide  member  of  the party; 

that  I  will  faithfully  perform  the  duties  required  of  a  member  of  the 

Registration  Committee  in  the  City  of , 

County,  Colorado,  according  to  law ; 

that  I  will  not  wrongfully  omit  from  registration  the  name  of  any 
qualified  elector;  and  that  I  will  not  knowingly  register  any  one  who  is 
not  legally  entitled  to  register,  so  help  me  God. 

The  oath  provided  in  this  act  shall  be  taken  before  any  person  author- 
ized to  administer  oaths.  No  person  shall  be  qualified  as  a  member  of 
such  Registration  Committee  except  in  case  of  vacancy  within  forty-eight 
hours  before  date  of  registration,  or  as  otherwise  provided  in  this  act, 
until  such  oath  has  been  duly  subscribed,  sworn  to  or  afllrmed,  and  filed 
as  herein  provided.  If  any  person  selected  to  act  upon  the  Registration 
Committee  shall  fail  to  subscribe,  swear  to  or  aflftrm  and  file  such  oath 
or  affirmation  as  herein  provided,  within  five  days  from  the  time  of  his 
appointment,  the  County  Clerk  shall  forthwith  notify  the  County  Chair- 
man of  the  political  party  who  may  have  designated,  or  who  may  have 
been  entitled  to  designate  such  member  of  the  committee,  and  upon  the 
failure  of  such  person  to  comply  with  this  section  within  forty-eight 
hours  thereafter,  such  failure  shall  constitute  a  vacancy.  In  the  case 
of  a  person  properly  designated  as  Registration  Committeeman  as  here- 
in provided,  or  appointed  to  fill  a  vacancy  where  no  person  authorized 
to  administer  oaths  is  available,  it  shall  be  deemed  suflUcient  for  the 
different  Registration  Committeemen  to  administer  the  required  oath, 
one  to  another. 

Each  member  of  the  Registration  Committee  shall  receive  as  com- 
pensation for  his  services  the  sum  of  $3,50  per  day  for  each  day  actually 
and  necessarily  employed  in  the  performance  of  his  duties.  Necessary 
clerks  employed  by  the  Registration  Committee  in  making  copies  of 
lists  of  registered  voters,  as  herein  provided,  shall  receive  as  compen- 
sation for  their  services  the  sum  of  $3  per  day. 

Sec.  8.  Removal  of  member  of  Committee — Neglect  of  duty — Court 
proceedings. — Any  member  of  the  Registration  Committee  may  be  re- 
moved in  either  of  the  following  ways: 

(a)  Upon  the  filing  of  a  statement  with  the  County  Clerk  by  the 
County  Chairman  of  the  political  party  in  whose  behalf  said  member 
was  appointed,  that  after  investigation  he  is  of  the  opinion  that  his 
party  is  not  faithfully  and  fairly  represented  by  said  committeeman. 
Upon  the  filing  of  said  statement  it  shall  be  the  duty  of  the  County 
Clerk  to  remove  such  committeeman  and  forthwith  to  notify  such  com- 
mitteeman of  his  removal,  and  the  cause  thereof;  whereupon  his  suc- 
cessor shall  be  forthwith  appointed  as  in  other  cases. 

(b)  If  any  member  of  such  Registration  Committee  has  neglected 
his  duty  in  attending  to  such  registration,  or  has  committed,  encouraged 
or  connived  at  any  frauds  in  connection  therewith,  or  has  violated  any 
of  the  election  or  primary  election  laws,  or  has  knowingly  permitted 
others  to  do  so,  or  has  been  convicted  of  any  crime,  or  has  violated  the 
oath  provided  for  herein,  or  has  wrongfully  hampered  or  interfered  or 
tends  to  interfere  with  the  due  and  regular  performance  of  the  duties 
of  the  Registration  Committee,  or  any  member  thereof,  or  committed 
any  other  act  which  interferes  or  tends  to  interfere  with  carrying  out 
the  purposes  of  this  act,  to  provide  a  fair  and  honest  registration  and 
election  or  primary  election,  or  if  the  appointment  of  any  member  is 
not  made  in  accordance  with  the  provisions  of  this  act,  such  member 


ELECTION  LAWS  73 

may  be  removed  from  said  committee  in  the  following  manner:  A 
brief  petition,  by  the  person  making  such  charge  shall  be  filed  in  the 
District  or  County  Court  of  the  county  at  any  time,  setting  up  in  brief 
and  concise  language  the  facts  constituting  the  cause  for  the  removal 
of  such  member  of  the  committee;  whereupon  the  court  shall  issue  a 
citation  to  such  Registration  Committeeman,  directing  him  to  appear  at 
a  time  within  twenty-four  hours  thereafter,  to  answer  such  petition,  if 
he  desires  so  to  do.  The  court  shall  proceed  summarily  to  hear  and 
finally  dispose  of  such  petition,  and  within  forty-eight  hours  of  the  time 
of  the  filing  of  the  answer  may  hear  evidence  in  relation  thereto.  If 
the  court  shall  decide  that  such  Registration  Committeeman  ought  to  be 
removed,  for  any  cause  stated  in  the  petition,  it  shall  be  so  ordered,  and 
the  clerk  of  such  court  shall  notify  the  County  Clerk  thereof  forthwith, 
whereupon  the  Chairman  and  County  Clerk  shall  forthwith  fill  the  va- 
cancy as  provided  herein  for  original  appointments  upon  such  commit- 
tee. Such  petition  shall  be  verified,  but  the  verification  may  be  upon 
information  and  belief.  Any  evidence  given  by  any  such  accused 
Registration  Committeeman  or  a  witness  for  petitioner  at  such  hearing, 
or  the  result  thereof,  shall  not  be  used  against  him  in  civil,  criminal  or 
other  proceedings. 

(c)  Upon  the  failure  or  neglect  of  the  members  of  such  Regis- 
tration Committee,  or  a  majority  thereof,  to  make  the  canvass  and  return 
the  same  to  the  County  Clerk  according  to  law,  or  to  otherwise  perform 
the  duties  provided  by  this  act  to  be  performed  by  such  Registration  Com- 
mittee and  the  members  thereof,  it  shall  be  the  duty  of  any  member 
of  such  Registration  Committee  or  any  County  Chairman  of  a  political 
party  organization,  or  any  elector  in  the  Registration  District  for  which 
such  Registration  Committee  and  each  member  thereof  was  appointed, 
having  knowledge  of  such  failure  or  neglect,  to  cause  proper  action  for 
removal  to  be  instituted  against  such  member  of  said  committee.  It  is 
also  the  duty  of  the  County  Clerk  to  take  prompt  and  immediate  action 
in  all  such  cases  coming  to  his  knowledge.  Any  vacancies  occurring  in 
such  Registration  Committee  for  any  cause  shall  be  filled  in  the  same 
manner,  and  with  like  effect,  as  said  committee  is  provided  to  be  orig- 
inally constituted  and  appointed.  The  validity  of  any  part  of  the  regis- 
tration already  completed,  or  any  other  acts  done  or  provided  herein, 
if  otherwise  legally  done,  shall  not  be  affected  by  the  removal  of  a 
member  of  such  committee,  but  the  same  shall  be  in  every  respect  valid 
and  regular,  and  the  successor  of  any  such  person  removed  or  retiring 
from  such  committee  for  any  cause,  shall  proceed  with  such  canvass 
and  the  other  purposes  of  such  committee,  with  a  like  power  and  effect 
as  though  originally  appointed  as  a  member  of  such  Registration  Com- 
mittee. 

Sec.  9.  Clerk  deliver  copy  of  registration  book  to  majority  of  com- 
mittee.— One  day  prior  to  the  beginning  of  the  district  registration  the 
County  Clerk  shall  deliver  to  the  majority  of  the  Registration  Com- 
mittee the  permanent  books  containing  the  names  of  all  those  who  are 
legally  on  the  permanent  registration  book  duly  certified. 

Sec.  10.  Committee  meet  to  register  voters — County  Commissioners 
provide  rooms — County  Clerk  publish  notice. — On  the  third  Tuesday  pre- 
ceding the  day  of  each  election,  and  also  on  the  third  Tuesday  before 
the  day  of  each  primary  election,  and  from  day  to  day  thereafter  for 
not  less  than  three  nor  more  than  five  days  in  all,  and  between  the 
hours  of  noon  and  nine  o'clock  p.  m.  of  each  such  day,  the  said  Regis- 
tration Committee  shall  meet  for  the  purpose  of  registering  duly  quali- 
fied electors  in  each  of  the  several  precincts  of  their  district.  The 
County  Commissioners  shall  provide  a  suitable  room  in  each  district 
and  all  necessary  stationery  and  appurtenances  for  the  use  of  said 
Registration  Committee.  The  County  Clerk  shall,  at  least  two  weeks 
before  the  date  of  such  registration,  give  public  notice  by  publication 
in  at  least  two  issues  of  at  least  two  newspapers  belonging  to  different 
political  parties,  of  the  names  of  such  Registration  Committee,  and  the 


74  ELECTION  LAWS 

time  and  particular  place  in  the  district  where  such  registration  shall 
be  carried  on. 

Sec.  11.  Mode  of  registration. — Said  Registration  Committee  shall 
proceed  to  complete  said  registration  list  in  accordance  with  the  pro- 
visions of  this  act,  it  being  the  purpose  and  intent  of  this  act  that  any 
elector  who  has  once  been  registered  shall  not  have  to  again  register, 
for  any  primary  or  other  election,  unless  he  shall  have  failed  to  vote 
at  the  preceding  general  election,  and  at  such  times  they  shall  place  on 
the  registration  books  the  names  of  all  qualified  electors  of  their  precinct 
who  are  not  already  on  the  registration  books,  after  the  following 
manner: 

First:  All  who  shall  present  themselves  in  person  for  registration 
and  take  the  form  of  oath  herein  provided  for,  and  comply  with  the 
provisions  of  this  section  respecting  registration.  The  form  of  oath 
to  be  so  taken  shall  be  as  follows,  to-wit: 

I, ,  do  solemnly  swear  (or 

affirm)  that  at  the  date  of  the  next  ensuing  election  I  shall  be  of  the  age 
of  21  years  or  over  and  shall  have  resided  in  the  State  of  Colorado  at 
least  twelve  months,  and  in  the  county  at  least  ninety  days  preceding 

the  said  election,  and  in  precinct at  least  ten  days  before 

the  election,  and  that  I  am  a  citizen  of  the  United  States,  and  a  quali- 
fied elector  in  said  precinct. 

Second:  Any  elector  who  is  already  registered,  whether  by  virtue 
of  having  voted  at  the  preceding  election,  or  has  appeared  in  person  and 
registered  at  the  time  the  Registration  Committee  is  sitting,  or  who  has 
previously  been  registered  at  the  office  of  the  County  Clerk,  and  who  is 
personally  known  to  the  Registration  Committee,  may  register  any  per- 
son or  persons  to  the  number  of  not  more  than  three,  or  any  member  of 
his  family,  including  servants,  to  any  number  thereof,  who  reside  and** 
have  resided  at  the  same  address  for  at  least  ninety  days  last  past,  by 
signing  such  name  or  names  on  the  list,  and  thereafter  signing  his  own 
name  as  voucher,  in  the  presence  of  the  majority  of  the  Registration 
Committee,  and  by  making  oath  as  follows: 

I,  do  solemnly  swear  by  the 

everliving  God  (or  affirm)  that  I  am  a  citizen  of  the  United  States,  and  a 

qualified  elector  in  Precinct in  the  County  of 

;  that  I  am  registered  from  No 

Street,  or  Section ,  Township.  .| Range 

and  a  resident  of  that  address;  that , 

whose  names  I  have  caused  to  be  placed  on  the  registered  list  of  quali- 
fied voters  from  the  same  address  in  this  precinct,  reside  at  such  ad- 
dress, and  have  resided  there  for  ten  days  last  past,  and  are  qualified 
electors,  entitled  to  be  registered  and  to  vote  from  such  address  in  such 
precinct,  at  the  ensuing  election. 

In  all  cases  where  electors  are  permitted  to  register  by  vouchers, 
the  person  so  vouching  for  them,  as  far  as  known  by  him,  shall  furnish 
the  information  required  of  such  elector,  which  shall  be  filled  in  the 
blank  spaces  provided  for  that  purpose  in  the  registration  book. 

All  registration  shall  be  made  in  ink,  and  shall  be  made  only  in  the 
registration  book  furnished  by  the  county.  Except  as  herein  otherwise 
provided,  each  elector  registered  shall  answer  the  questions  concerning 
all  the  matter  required  by  Section  12  of  this  act,  and  sign  his  or  her 
name,  or  if  unable  to  write,  make  his  or  her  mark,  and  the  answer  so 
made  by  the  elector  shall  be  entered  in  the  registration  book  by  the 
member  of  the  Registration  Committee  selected  or  directed  by  the  com- 
mittee to  make  such  entries  in  the  proper  place,  and  shall,  together  with 
the  signature  of  the  elector,  be  attested  by  at  least  one  member  of  the 
Registration  Committee. 

Sec.  12.  Schedule  of  Interrogatories  to  electors. — It  shall  be  the 
duty  of  each  qualified  elector  to  be  lawfully  registered,  except  as  other- 


'  ELECTION  LAWS  75 

wise  provided  herein,  to  answer  concerning  the  following  matters:  (1) 
Name  in  full.  (2)  Whether  married  or  single.  (3)  Place  of  residence, 
which  if  urban  or  suburban,  shall  be  located  according  to  its  street 
number,  or  if  there  be  no  street  number,  then  by  description  of  the  lot  or 
lots,  in  the  block  or  blocks,  in  the  addition,  division  or  subdivision  into 
which  the  land  upon  which  the  residence  is  located  is  divided;  in  all  other 
cases  the  residence  shall  be  located  by  the  section  or  sections  or  subdivis- 
ion thereof,  in  the  township  and  range,  as  established  and  numbered  by  the 
United  States  government  survey.  (4)  Whether  owner  of,  tenant  of,  em- 
ploye of  or  lodger  with  occupant  of  residence.  If  the  voter  is  a  lodger  in 
any  rooming  house  or  hotel,  the  number  of  the  floor  and  the  number  of  the 
room  shall  be  given  and  stated  in  the  registration  book.  (5)  Whether  a 
native  born  or  naturalized  citizen  of  the  United  States.  If  a  naturalized 
citizen,  the  applicant  shall  state  how  naturalized,  whether  by  naturaliza- 
tion of  self,  parents,  or  otherwise;  applicant  shall  state,  as  near  as 
may  be  to  his  best  knowledge,  information  and  belief,  when  self,  par- 
ents, or  if  female,  when  husband  was  naturalized,  the  place  and  time 
of  naturalization,  and  by  what  court  naturalization  papers  were  granted. 
(6)  Description  of  his  person,  consisting  of  his  height,  sex,  age,  com- 
plexion, color  of  eyes,  and  any  other  physical  features  by  which  he  may 
be  readily  identified.  (7)  His  profession,  business  or  employment.  (8) 
His  postofRce  address. 

It  shall  only  be  necessary  for  a  female  voter  to  state  that  she  is 
twenty-one  years  of  age  or  over,  in  answer  to  all  questions  relating  to 
her  age. 

Sec.  13.  Close  of  registration. — All  persons  in  the  registration  place 
at  the  hour  of  closing  the  registration  shall  be  allowed  to  complete  their 
registration,  and  the  registration  lists  shall  be  kept  open  after  the  hour 
of  closing  only  long  enough  to  allow  those  actually  present  at  the  hour 
of  closing  to  complete  their  registration. 

Sec.  14.  Registration  list  contain  names  of  electors,  etc. — The  regis- 
tration lists  so  made  shall  contain  the  names  of  the  qualified  electors 
of  the  voting  precinct  in  which  the  same  are  made,  alphabetically  ar- 
ranged according  to  the  surnames,  so  as  to  show  in  one  column  the 
name  of  each  elector  at  full  length,  and  in  another  place  of  his  residence, 
designated  by  the  name  or  number  of  the  street,  and  the  number  of  the 
house,  if  numbered,  and  if  not,  the  section  or  other  subdivision  thereof, 
according  to  the  United  States  Surveys,  on  which  such  elector  shall 
reside,  if  he  resides  on  surveyed  land,  and  if  not,  such  description  as 
will  best  locate  his  residence. 

Sec.  15.  Return  list  to  County  Clerk — Posting — Clerk  deliver  copies 
to  chairman. — Upon  completion  of  such  list  of  registered  voters,  the 
Registration  Committee  shall  forthwith,  and  not  later  than  two  days 
after  the  last  day  of  district  registration,  deliver  the  same  to  the  County 
Clerk.  They  shall  also  make  four  copies  of  the  names  and  addresses  of 
the  registered  voters,  three  of  which  they  shall  send  to  the  County  Clerk 
with  the  registration  book.  The  other  shall,  not  later  than  two  days 
after  the  last  day  of  district  registration,  be  placed  in  some  conspicuous 
place  as  near  as  practical  and  convenient  to  the  polling  place  to  be  used 
at  the  ensuing  election,  so  as  to  be  accessible  and  convenient  to  any  elec- 
tor who  may  desire  to  inspect  the  same.  Said  Committee  may  employ 
clerks  to  assist  in  preparing  the  copies  of  names  and  addresses  of 
registered  voters.  It  shall  be  the  duty  of  the  County  Clerk,  upon  receipt 
of  the  list  of  names  and  addresses  of  the  registered  voters  in  the  various 
precincts  from  the  Registration  Committee,  to  forthwith  and  within 
twenty-four  hours  deliver  one  of  said  copies  to  each  County  Chairman 
of  the  two  political  parties  having  cast  the  largest  and  next  largest 
vote  for  Governor  at  the  last  preceding  election,  taking  his  receipt 
therefor,  and  retaining  the  other  copy  of  the  list  of  names  and  addresses 
for  correction.     The  clerk  shall  correct  the  retained  list  of  names  and 


76  '      ELECTION  LAWS 

addresses  received  from  the  Registration  Committee  in  accordance  with 
the  original  registration  book,  as  it  is  on  the  ninth  day  preceding  the 
election,  and  forthwith  send  the  same  to  the  member  of  the  Registration 
Committee  representing  the  political  party  that  cast  the  second  highest 
vote  for  Governor  at  the  next  preceding  election.  It  shall  be  the  duty 
of  such  member  of  the  Registration  Committee,  forthwith,  at  least  five 
days  preceding  the  ensuing  election,  to  post  the  same  in  the  place  and 
stead  of  the  list  of  names  provided  to  be  posted,  after  the  completion  of 
district  registration,  which  list  shall  be  kept  posted  until  after  the  day 
of  election. 

Sec.  16.  Change  of  residence. — Any  qualified  elector  who  has  been 
registered,  and  who,  subsequent  thereto,  shall  have  removed  from  thQ 
precinct  in  which  he  is  registered  to  some  other  precinct  may  appear 
before  the  County  Clerk  at  any  time  within  a  period  of  not  less  than 
five  days  prior  to  the  day  of  any  election,  and  upon  making  oath  as  to 
his  present  residence  in  said  precinct,  said  County  Clerk  shall  draw  a 
red  line  through  the  registration  of  said  voter,  making  note  as  follows,  in 

column  for  "remarks":  "Changed ,  19 ,  to  precinct 

ward   (or  district) ,"  and  shall  register  in 

red  ink  such  elector  in  the  registration  book  for  the  precinct  to  which 
he  has  moved.  Changes  from  one  number  in  the  precinct  to  another 
number  in  the  same  precinct  may  be  made  in  the  same  manner,  or  may 
be  made  on  election  or  primary  day  by  the  judges.  The  County  Clerk 
or  deputy  making  such  change  shall  sign  his  or  her  name  in  the  column 
for  the  signature  of  the  Registration  Committee. 

Sec.  17.  Purging  the  list — Clerk  make  original  registration. — On 
June  first  preceding  any  general  election  the  County  Clerk  shall  compare 
the  above  lists  of  voters  who  are  shown  thereby  to  have  voted  at  the 
last  preceding  general  election  with  the  original  registration  for  such 
election,  and  strike  from  such  original  registration  the  names  of  all 
persons  who  failed  to  vote  at  such  election,  by  drawing  a  red  line  through 
their  names,  and  writing  thereafter,  in  the  column  headed  "remarks," 
the  words,  "Failed  to  vote."  The  registration  lists  as  thus  purged  shall 
be  the  registration  for  the  next  ensuing  primary  election,  with  the  names 
of  such  additional  persons  added  thereto  as  shall,  after  commission  of 
said  purging,  have  appeared  personally  before  the  County  Clerk  for  orig- 
inal registration  or  change  of  registration,  not  more  than  thirty  nor  less 
than  three  days  before  any  primary,  and  complied  with  the  require- 
ments of  law  respecting  registration  before  the  Registration  Committee, 
and  said  Clerk  shall  register  any  qualified  elector  who  shall  so  appear 
In  person  for  registration. 

Sec.  18.  Petition  in  court  to  strike  fraudulent  registration — Clerk  of 
court  issue  subpoena  to  committee — Mail  notice  to  persons  asked  to  be 
stricken — Procedure  in  court. — (a)  At  any  time  not  more  than  twenty- 
five  nor  less  than  eighteen  days  before  any  election  or  primary  election, 
any  qualified  voter  may -file  in  the  County  or  District  Court  a  petition, 
which  shall  be  under  oath,  alleging  that  the  petitioner  has  made  care- 
ful investigation,  and  believes  that  names  registered  by  the  Registration 
Committee  are  illegally  or  fraudulently  registered  in  certain  precincts, 
which  shall  be  stated.  The  petition  shall  set  forth  consecutively  and  in 
alphabetical  order  each  of  such  names,  with  the  address  given  in  the 
registration  book  in  each  precinct,  and  the  names  of  the  Registration 
Committee  in  such  precinct.  Such  petition  shall  state  briefly  the  facts 
upon  which  such  charge  of  illegality  or  fraud  is  made.  The  verification 
may  be  upon  information  and  belief.  As  soon  as  possible,  and  within 
twenty-four  hours  after  the  filing  of  such  petition,  the  clerk  of  the  court 
shall  mail  to  each  member  of  the  Registration  Committee  in  such  pre- 
cinct a  subpoena  in  the  form  following,  and  shall  mail  to  each  name  and 
address  alleged  therein  to  be  illegal  or  fraudulent,  a  notice  of  the  filing 
of  such  petition  and  the  time  of  hearing  the  same,  which  shall  be  not 


ELECTION  LAWS  77 

less  than  three  nor  more  than  five  days  thereafter.  The  subpoena  to 
the  members  of  the  Registration  Committee  shall  be  substantially  as 
follows : 

"You  are  notified  that  on  the  day  of 

filed  in  the Court  a 

petition  asking  for  the  purging  of  certain  names  from  the  registration 

list   in  precinct ward ,   and   that 

it  appears  from  the  record  that  such  registration  was  made  by  you,  and 
that  you  have  represented  it  to  be  legal  and  correct.  The  petition 
charges  that  the  list  of  names  attached  hereto  in  said  precinct  registered 
by  you  are  illegal  and  fraudulent. 

You  are  notified  to  appear  and  answer  the  charges  of  said  petition  at 

the  hour  of o'clock M,  on  the day  of 

,  19 at  the Court,  at  the 

court  house,  in  the  city  of 

You  are  further  notified  that  failure  to  appear,  without  good  or 
suflacient  excuse  renders  you  liable  for  contempt  of  court  and  punish- 
ment accordingly,  as  provided  by  the  registration  law. 


Clerk." 
(Attach  list  of  names  and  addresses  in  alphabetical  order.) 

The  subpoena  shall  be  issued  on  the  court's  motion  and  the  county 
shall  pay  the  witness  and  mileage  fees. 

The  notice  mailed  to  the  name  and  address  of  each  person  in  such 
precinct  mentioned  in  such  petition  as  being  illegally  or  fraudulently 
registered  shall  be  substantially  as  follows: 

"You  are  notified  that (stating  the  official 

position  of  such  petition,  if  the  petitioner  should  be  a  County  Chairman, 
member  of  Registration  Committee,  or  otherwise),  has  filed  a  petition  In 

this  court,  asking  for  the  purging  of  the  registration  in  Precinct 

Ward 

It  is  charged  in  such  petition  that  your  name  appearing  upon  the 
registration  lists  of  such  precinct  was  Illegally  or  fraudulently  regis- 
tered. 

You  are  notified  that  said  cause  will  be  heard  at  the 

Court,  at  the  court  house  in  the  city  of at  the  hour  of 

o'clock M,  on  the day  of 

,19 You  are  notified  that  your  name  will 

be  stricken  from  such  registration  list  if  it  shall  be  proven  by  the  evi- 
dence at  such  hearing  that  you  are  not  entitled  to  registration. 


Clerk." 

(b)  It  shall  be  the  duty  of  any  person  filing  a  petition  as  herein 
provided,  for  the  purging  of  registration,  to  file  therewith  two  duplicate 
copies  of  the  same,  and  it  shall  be  the  duty  of  the  clerk  of  the  court  to 
Immediately  deliver  or  mail  to  each  of  the  two  County  Chairmen  one 
such  duplicate  copy,  together  with  the  notice  stating  that  the  original 
of  such  copy  has  been  duly  filed  in  his  office,  stating  the  time  of  such 
filing  and  the  time  and  place  when  the  cause  is  set  for  hearing. 

(c)  Any  person  whose  name  is  charged  to  be  illegally  or  fraudu- 
lently registered,  who  shall  appear  in  person  and  make  oath  that  he  or 
she  is  a  legally  qualified  elector  to  vote  in  such  precinct,  or  any  person 
not  present,  whom  any  one  member  of  such  Registration  Committee  shall 
make  oath  in  court  is  a  legally  qualified  elector  in  said  precinct,  shall, 
for  the  purpose  of  such  hearing,  be  conclusively  entitled  to  have  his 
name  remain  upon  such  registration  list.  Any  person  making  such  oath 
in  open  court  shall  be  subject  to  cross-examination  by  the  petitioner  or 
any  person  representing  the  petitioner  at  such  hearing.  If  any  person 
at  such  hearing  shall  testify  that  any  one  thus  retained  upon  such  regis- 
tration list  by  such  oath  or  affirmation  is  not  a  qualified  elector  in  such 


78  ELECTION  LAWS 

precinct,  a  record  of  the  fact  shall  he  made  and  transmitted  by  the 
Clerk  of  the  Court  to  the  District  Attorney. 

(d)  In  all  cases,  except  those  which  shall  be  conclusively  entitled 
to  remain  upon  the  registration  lists  by  reason  of  the  oath  or  affirmation 
provided  in  the  last  paragraph  of  this  section,  the  court  shall  investigate 
summarily  and  within  forty-eight  hours  after  the  close  of  the  evidence 
determine  whether  or  not  such  charges  are  sustained;  Provided,  only 
competent  legal  evidence  shall  be  received  on  such  hearing  or  considered 
by  the  court,  and  no  name  registered  in  accordance  with  law  shall  be 
struck  from  the  registration  unless  it  shall  be  so  proved  that  the  chal- 
lenged person  is  not  a  qualified  voter  in  the  precinct  wherein  he  is  regis- 
tered. No  presumption  shall  be  indulged  in  against  any  person  whose 
registration  is  challenged  merely  because  of  the  failure  of  such  person 
to  attend  the  hearing.  At  the  close  of  such  hearing  the  court  shall 
announce  the  names  in  such  petition  as  to  which  such  charges  have  been 
sustained,  and  shall  direct  the  clerk  of  the  court  to  forthwith  certify  to 
the  County  Clerk  the  lists  of  names  of  such  persons,  with  their  ad- 
dresses in  each  precinct  and  ward,  arranged  alphabetically  and  accord- 
ing to  precincts.  It  shall  thereupon  be  the  duty  of  the  County  Clerk, 
upon  the  receipt  of  said  list  from  the  said  Court,  to  forthwith  strike  such 
names  from  the  registration  lists  in  the  proper  precinct  by  ruling  a  red 
line  through  such  name,  with  the  notation  in  the  column  for  "remarks," 
that  such  name  or  names  were  stricken  out  in  pursuance  of  the  order  of 
such  court,  giving  the  date  of  such  order. 

(e)  Any  person  who  shall  without  previous  investigation,  or  with- 
out reasonable  cause  or  excuse,  wilfully  charge  in  any  petition  filed  in 
such  court  that  the  name  of  any  person  upon  such  registration  book  or 
lists  is  illegal  or  fraudulent,  or  who  shall  not  file  such  petition  in  good 
faith,  or  who  shall  file  the  same  for  the  purpose  of  hindering  or  delaying 
any  registration  or  any  election,  and  not  for  the  purpose  of  purging 
such  registration  lists  of  illegal  or  fraudulent  names,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  also  of  contempt  of  court. 

Any  member  of  the  Registration  Committee,  or  any  person  whose 
name  is  charged  to  be  illegally  or  fraudulently  registered,  shall  have  the 
right  to  charge  by  written  affidavit  filed  in  such  cause,  which  affidavit 
may  be  upon  information  and  belief,  that  the  person  filing  such  petition 
is  not  acting  in  good  faith,  but  has  been  guilty  of  any  of  the  acts  of 
improper  motives  mentioned  herein,  and  if,  upon  hearing,  which  shall 
be  at  the  same  time  the  case  is  heard  on  the  petition,  any  of  such  charges 
are,  in  the  opinion  of  the  court,  sustained  such  persons  shall  be  guilty 
of  a  misdemeanor  and  of  contempt  of  court. 

(f)  All  hearings  of  any  such  petition  shall  be  summary,  final  and 
not  the  subject  of  delay. 

(g)  No  other  pleadings  than  the  said  petition  and  affidavit  shall 
be  permitted  to  be  filed  in  any  such  cause. 

(h)  The  court  shall  have  the  power  to  subpoena  any  person  or  per- 
sons as  witnesses  at  such  hearing  and  make  any  necessary  investigation 
to  ascertain  the  truth  of  any  of  the  charges  in  such  petition  or  affidavits, 
provided  the  method  of  such  investigation  shall  not  cause  unnecessary 
delay  or  interfere  with  the  final  position  of  such  cause  within  the  time 
provided  for  herein. 

Persons  subpoenaed  shall  be  paid  by  the  county  the  usual  witness 
and  mileage  fees  allowed  witnesses  for  the  people  in  criminal  cases 
in  courts  of  record.  The  decision  of  the  court  in  any  such  case  shall  be 
final,  and  no  appeal  shall  lie  to  any  other  court,  except  that  the  Supreme 
Court  may,  in  the  exercise  of  its  discretion,  review  any  such  proceedings 
in  a  summary  way.  The  penalty  for  tampering  with  or  destroying  such 
list  shall  be  printed  in  a  conspicuous  place  on  the  outside  thereof,  and 
the  Registration  Committee  shall  adopt  reasonable  methods  for  the 
posting  of  such  list  so  as  to  protect  it  from  the  weather  or  theft,  and 
make  it  accessible  to  the  public  at  reasonable  times,  and  they  shall  sign 
their  names  and  addresses  on  the  cover  of  such  list. 


ELECTION  LAWS  79 

Sec.  19.  Sworn  certificate  of  Registration  Committee. — ^When  any 
registration  book  or  copy  thereof  is  delivered  to  the  County  Clerk  under 
any  provision  of  this  act,  there  shall  be  attached  thereto  a  certificate 
signed  and  sworn  to  by  the  members  of  the  Registration  Committee 
making  the  registration  contained  in  such  book,  certifying  substantially 
as  follows: 

"We,  the  legally  appointed  committee  for  the  registration  of  elec- 
tors for  the  Registration  District  composed  of  Precincts 

do  solemnly  swear,  in  the  presence  of  the  everlivlng  God  (or  affirm) 
that  we  have  diligently  performed  the  duties  required  of  us  by  law  in  com- 
pleting the  registration  of  voters  for  said  precincts,  and  have  herein 
entered  the  names  of  electors  in  accordance  with  the  provisions  of  the 
statutes  of  the  State  relating  to  the  registration  of  voters,  and  that  as 
such  Registration  Committee  for  the  purpose  mentioned,  we  did  sit  at 

in  said  Registration  District,  between  the 

hours  of  noon  and  nine  o'clock  P.  M.  on  the days  of 

,  for  the  purpose  of  registering  electors 

in  said  precincts,  and  we  have  in  all  respects  complied  with  the  law  in 
making  the  registration  of  said  precincts  up  to  and  including  the  day  of 
this  certificate,  and  we  have  not  knowingly  permitted  any  illegal  or  fraud- 
ulent registration  in  said  precinct. 


Committee  of  Registration  for  Registration  District 

composed  of  Precincts 

Subscribed  and  sworn  to  before  me  this 

day  of ,  A.  D.  19 

Sec.  20.  Procedure  by  County  Clerk  If  new  precinct  formed  or  pre- 
cinct divided. — In  case  any  new  election  precinct  shall  be  formed,  or  in 
case  of  the  division  of  any  voting  precinct,  the  names  of  all  voters  resid- 
ing in  that  part  of  any  precinct  detached  shall  be  forthwith  stricken  by 
the  County  Clerk  from  the  registration  list  of  such  precinct,  and  shall 
be  by  him  inserted  in  the  registration  list  of  the  new  precinct,  or  the 
precinct  to  which  such  part  may  have  been  attached,  at  least  ten  days 
prior  to  the  meeting  of  the  registration  committee  for  the  ensuing  pri- 
mary or  to  the  fourth  Tuesday  preceding  the  general  election,  as  the 
case  may  be. 

Sec.  21.  Registration  by  County  Clerk. — In  addition  to  original  regis- 
tration by  the  Registration  Committee,  original  registration  may  be  made 
at  any  time  up  to  within  three  days  of  any  primary  or  election,  by  the 
County  Clerk,  upon  any  qualified  elector  personally  appearing  before 
said  County  Clerk,  together  with  two  vouchers  who  are  duly  registered 
electors  of  the  precinct  in  which  said  elector  desires  to  be  registered. 

Sec.  22.  Compensation  of  County  Clerk. — The  County  Clerk  of  each 
county  shall  be  authorized  to  receive  from  the  county  the  sum  of  ten 
cents  for  the  making  of  each  original  registration,  and  ten  cents  for 
each  change  made  therein  on  the  application  of  any  qualified  voter,  in 
pursuance  of  the  provisions  of  this  act.  A  fee  of  ten  cents  for  each  name 
transferred  from  one  precinct  registered  to  another  may  also  be  col- 
lected from  the  county  by  the  County  Clerk  for  preparing  and  complet- 
ing new  registration  to  conform  to  the  change  of  boundaries  or  the 
establishment  of  new  election  precincts. 

Sec.  23.  Duty  of  County  Clerk  before  primary  election — Duty  of 
election  judges.— It  shall  be  the  duty  of  the  County  Clerk  in  any  county 
wherein  any  such  city  is  situate,  at  least  three  days  before  the  day  of 
any  primary  or  election  therein,  to  make  full  and  complete  certified 
copies  of  the  registration  lists  of  the  qualified  voters  in  their  respective 
election  precincts  for  use  in  the  holding  and  conducting  of  such  election 
or  primary  upon  the  day  thereof,  and  deciding  who  shall  be  entitled  to 


80 


ELECTION  LAWS 


vote  thereat,  and  to  deliver  such  list  to  the  election  judges  for  the  proper 
precinct  one  day  prior  to  such  election.  To  each  of  such  copies  so  de- 
livered to  the  said  election  judges  it  shall  be  the  duty  of  the  County 
Clerk  to  attach  his  certificate,  under  the  seal  of  his  office,  setting  forth 
that  the  said  copy  contains  a  full,  complete  and  accurate  list  of  the 
qualified  voters  in  each  such  election  precinct,  as  the  same  appear  upon 
the  original  registration  books  on  file  in  his  office.  It  shall  be  the  duty 
of  the  board  of  election  judges  for  each  precinct  included  within  any 
such  city  for  any  such  election  or  primary  to  call  in  person  at  the 
office  of  the  County  Clerk  one  day  prior  to  such  election  for  the  purpose 
of  receiving  such  copy  of  the  registration  list.  Such  registration  list 
shall  be  furnished  to  said  judges  in  a  sealed  envelope,  which  said  envel- 
ope shall  not  be  opened  until  the  morning  of  election  day,  at  the  polls, 
in  the  presence  of  the  judges.  Said  copy  shall  be  delivered  to  two  judges, 
one  belonging  to  the  political  party  which  cast  the  highest  number  of 
votes  in  the  last  similar  election  in  said  county,  and  the  other  belonging 
to  the  party  which  cast  the  next  highest  number  of  votes  at  said  elec- 
tion, and  both  such  judges  shall  receipt  to  the  County  Clerk  for  such 
copy  of  the  registration  lists,  and  they  shall  receive  mileage  for  such 
services  at  the  rate  of  10  cents  per  mile  for  each  mile  actually  traveled. 
The  County  Clerk  shall  be  allowed  a  fee  of  ten  dollars  for  each  precinct 
for  which  he  shall  furnish  such  copy  of  the  registration  list,  to  be  paid 
by  the  county.  Any  voter  whose  vote  is  rejected  because  of  any  error 
in  transcribing  the  official  register  shall  be  entitled  to  vote  upon  produc- 
ing to  the  judges  of  election  a  certified  copy  of  his  registration,  showing 
his  right  to  vote. 

Sec.  24.  County  Commissioners  furnisli  supplies. — The  Board  of 
County  Commissioners  in  each  county  from  time  to  time  as  may  be  re- 
quired by  this  act,  shall  provide  for  all  election  precincts  all  necessary 
supplies  and  registration  books,  which  shall  be  of  sufficient  strength  and 
durability  for  the  registration  provided  for;  such  books  shall  be  of  con- 
venient size  and  shape,  conforming  in  the  printing  and  blank  spaces  to 
the  requirements  of  this  act,  and  shall  be  arranged  for  the  registration 
of  names  in  divisions  to  be  composed  of  ruled  columns  with  appropriate 
headings  under  the  information  obtained  or  required  by  the  Registra- 
tion Committee  concerning  the  proper  answers  and  statements  made  by 
each  elector  in  being  registered  in  compliance  with  the  act,  shall  be 
recorded.  The  names  of  the  electors  as  registered  shall  be  numbered 
under  each  division,  consecutively  from  one  upwards,  and  the  date  of 
registration  shall  also  be  recorded.  There  shall  also  be  ruled  columns 
under  each  one  of  said  divisions  for  the  signature  of  electors  for  inform- 
ants as  to  their  qualifications  and  the  name  or  names  of  the  Registration 
Committee;    also    a   column   with    the   heading,    "Registration    Changed 

From"  and  sub-headings,  "Election  Precinct  No "  and 

"Register   No ...,"   whereunder   in   all   cases   of   changed 

registration  or  change  of  residence  of  any  elector  shall  be  stated  the 
election  precinct  and  registry  number  of  elector's  last  registration. 
There  shall  also  be  a  ruled  column  "Remarks,"  under  which  shall  be 
briefly  noted  any  important  information  affecting  the  registry  of  the 
elector. 

Sec.  25.  County  Commissioners  see  tliat  supplies  are  delivered. — 
It  shall  be  the  duty  of  the  County  Commissioners  to  supply  and  the 
County  Clerk  of  each  county  to  see  that  there  is  delivered,  whenever 
required  for  any  primary  election,  for  the  use  of  the  Registration  Com- 
mittee, all  necessary  supplies  as  may  be  required  under  the  provisions 
of  this  act  for  the  registration  of  voters,  and  he  shall  deliver  the  same 
to  the  member  or  members  of  the  Registration  Committee  authorized 
to  receive  the  same  at  least  one  day  prior  to  the  first  meeting  of  the 
Registration  Committee  for  making  any  registration  required  by  this 
act. 

Sec.  26.  County  Clerk  make  rules  for  delivery  and  calling  for  books. 
— ^The  County  Clerk  shall  have  the  right  to  make  any  reasonable  rules 


ELECTION  LAWS  81 

for  calling  for  the  registration  books  and  the  delivery  thereof,  and  pre- 
serving the  same  from  loss,  mutilation  and  alteration,  and  may  issue 
written  instructions  to  the  various  Registration  Committees  as  to  the 
method  of  entering  in  their  books  the  names  of  electors  in  accordance 
with  the  provisions  of  this  act. 

Sec.  27.  Permanent  registration  book  filled — Additional  book. — 
Whenever  the  permanent  registration  book  for  any  precinct  has  been 
so  filled  that  the  same  cannot  be  longer  conveniently  used  for  additional 
registration,  an  additional  permanent  registration  book  may  be  supplied 
for  said  precinct,  or  the  names  may  be  copied  by  the  County  Clerk 
upon  a  larger  book  to  be  provided  by  the  County  Commissioners  for 
that  purpose. 

Sec.  28.  City  elections — City  Council  appoint  Registration  Committee — 
Duties  of  City  Clerk. — In  city  elections  all  matters  relating  thereto  and 
required  to  be  done  hereunder,  shall  be  performed  by  the  city  oflacers 
as  now  provided  by  law;  the  Registration  Committee  for  the  city  election 
shall  consist  of  the  board  of  election  judges  of  each  precinct,  to  be  ap- 
pointed by  the  city  council  as  now  provided  by  law.  The  said  Registra- 
tion Committee  shall  meet  on  the  third  Tuesday  before  each  primary  or 
election  for  the  purpose  of  registering  electors,  and  continue  in  session 
for  at  least  three  days  and  not  more  than  five  days.  Changes  in  regis- 
tration may  be  made  by  said  Registration  Committee  or  by  the  City 
Clerk,  in  the  same  manner  as  herein  provided,  by  the  Registration 
Committee  or  the  County  Clerk,  at  general  elections.  All  registration 
books  and  supplies  are  to  be  furnished  at  the  expense  of  the  city  and  the 
City  Clerk  is  to  be  the  custodian  of  all  registration  books  and  to  have 
the  same  powers  and  duties  that  are  herein  conferred  upon  the  County 
Clerk  at  general  elections.  All  rules  in  regard  to  manner  of  registering 
of  electors,  purging  of  lists,  and  challenging  of  the  registration  herein 
shall  be  applicable  to  city  elections. 

Sec.  29.  Chairmen  of  political  parties  name  watchers. — The  chair- 
men of  the  two  political  parties  casting  the  highest  and  next  highest 
vote  for  Governor  at  the  last  preceding  election  may  name  a  watcher  at 
the  registration  in  any  Registration  District.  Each  watcher  shall  have 
the  right  at  any  time  to  appoint  an  alternate  to  take  his  place,  with  all 
the  rights  and  duties  of  such  watcher,  to  act  during  such  time  as  such 
watcher  may  be  absent;  and  it  shall  be  the  duty  of  the  Registration 
Committee  to  protect  such  watchers  or  their  alternates  or  representatives 
in  all  the  rights  guaranteed  them  by  the  statutes  of  this  State.  Such 
watchers  must  be  electors  of  the  Registration  District. 

Sec.  30.  Violations  of  act — Misdemeanor. — Any  person  who  shall 
violate  any  of  the  provisions  of  this  act  or  in  any  manner  interfere  with 
or  impede  the  due  and  proper  carrying  out  of  the  same,  whether  by  act 
of  commission,  or  by  failure  to  perform  any  act  or  duty  imposed  or  re- 
quired for  the  proper  administration  of  this  act,  or  who  shall  knowingly 
permit  or  encourage  another  so  to  do,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall,  upon  conviction,  be  punished  by  a  fine  of  not  less 
than  $25  nor  more  than  $500,  or  shall  be  imprisoned  in  the  county  jail 
riot  less  than  one  month  nor  more  than  one  year,  or  any  such  person 
may  be  punished  by  both  such  fine  and  imprisonment. 

Sec.  31.  False  oath — Guilty  of  perjury. — Any  person  who  shall  falsely 
and  corruptly  make  any  oath  provided  for  by  this  act  shall  be  deemed 
guilty  of  perjury,  and  punished  accordingly. 

Sec.  32.  Act  apply  only  to  cities  with  population  2,000  to  5,000  in- 
habitants.— Sections  1  to  31  hereof,  both  inclusive,  shall  apply  only  to 
election  precincts  included  wholly  or  in  part  within  the  limits  of  cities 
with  a  greater  population  than  2,000  and  not  exceeding  5,000  inhabi- 


82  ELECTION  LAWS 

tants.  In  all  other  election  precincts  in  this  state  the  registration  of 
electors  for  general  or  primary  elections  shall  be  made  as  now  provided 
by  law. 

Sec.  33.  Liberal  construction  of  act. — This  act  shall  be  liberally 
construed,  so  that  all  qualified  electors  shall  be  registered,  and  that 
those  who  are  not  legal  electors  may  be  kept  from  such  registration, 
and  that  fraud  and  corruption  in  elections  may  be  prevented, 
and  these  purposes  shall  not  be  defeated  by  any  informality  or  failure 
to  comply  with  the  provisions  of  this  act  as  to  any  notice  required  by 
this  act. 

Sec.  34.  Repeal. — Chapter  8  of  the  Laws  of  1894,  approved  March  2, 
1894,  and  all  acts  and  parts  of  acts  inconsistent  with  this  act,  are  hereby 
repealed. 

(L.  1917,  p.  189.) 

3.     CERTAIN  SFECIAi;  AND  GENEBAI^  CITY  EI.ECTIONS. 

Section  1.  Registration  in  cities  over  2,000. — In  all  cities  having  a 
greater  population  than  two  thousand  inhabitants  no  person  shall  here- 
after be  permitted  to  vote  at  any  special  election  held  at  a  time  other 
than  a  general  election,  or  at  any  general  city  election  held  between  the 
time  of  the  adoption  of  a  proposal  to  hold  a  charter  convention  under 
section  five  of  Article  XX  of  the  constitution  and  the  time  of  the  adop- 
tion of  the  charter  prepared  and  submitted  by  such  charter  convention, 
or  at  the  first  election  of  officers  under  such  charter,  unless  such  person 
shall  first  have  been  registered  as  herein  provided. 

Sec.  2.  New  registration  provided  unless. — For  all  such  elections  no 
new  registration  shall  be  required,  except  as  hereinafter  provided,  but 
any  qualified  elector  of  any  such  city  whose  name  is  on  the  registration 
books  used  at  the  then  last  preceding  general  election,  whether  county 
or  municipal,  and  who  still  resides  at  the  place  designated  in  his  said 
registration,  shall  be  deemed  properly  registered  for  any  such  election, 
and  additional  registration  and  changes  in  registration  may  be  made  as 
hereinafter  provided. 

Sec.  3.  County  clerk  deliver  registration  book  to  committee. — On  the 
fourteenth  day  preceding  any  such  election  to  be  held  the  county  clerk 
of  th€  proper  county  shall  deliver  to  the  registration  committee  of  each 
election  precinct  the  original  book  of  registration  for  that  precinct  as  pre- 
pared and  completed  for  the  then  next  preceding  general  election,  whether 
county  or  municipal,  and  on  the  tenth  day  preceding  the  election  thus 
to  be  held,  or  if  that  day  be  a  legal  holiday  or  Sunday,  then  on  the  suc- 
ceeding day,  the  registration  committee  for  each  precinct  shall  sit  from 
nine  o'clock  a.  m.,  until  nine  o'clock  p.  m.,  at  some  suitable  place  to  be 
provided  by  the  county  commissioners  and  centrally  located  within  the 
precinct  as  far  as  practicable,  and  shall  place  on  the  said  book  of  regis- 
tration, next  after  the  names  already  thereon,  the  names  of  all  qualified 
electors  of  that  precinct  who  are  not  registered  and  who  shall  present 
themselves  for  registration  and  comply  with  the  requirements  prescribed 
by  the  general  registration  laws  of  this  State. 

Sec.  4.  Removal  before  election. — Any  qualified  elector  whose  name 
appears  upon  any  such  book  of  registration  in  any  such  city,  but  who  has 
removed  from  the  precinct  in  which  he  is  registered  to  some  other  pre- 
cinct, may  appear  before  the  county  clerk  at  any  time  within  five  days 
prior  to  any  such  election  and,  upon  making  oath  in  writing  as  to  his  then 
present  residence,  said  county  clerk  shall  draw  a  red  line  through  the 
registration    of    such    person,    making    a    note    as    follows:       Changed 

19 ,  to  precinct 

ward ,  inserting  the  date  and  number  of  precinct  and  ward 


ELECTION  LAWS  83 

therein,  and  shall  register  in  red  ink  such  person  in  the  book  of  regis- 
tration for  the  precinct  in  which  such  person  then  resides;  and  a  change 
of  residence  within  the  same  precinct  may  be  made  in  like  manner. 
The  county  clerk  or  deputy  making  such  change  shall  sign  his  name  in 
the  column  provided  for  the  signatures  of  the  registration  committee, 
and  the  person  so  registered  shall  also  sign  his  name  as  in  the  case  of 
an  original  registration. 

Sec.  5.  Copy  of  registration  posted. — On  the  day  following  the 
registration  day  aforesaid  the  registration  committee  in  each  precinct 
shall  make  a  copy  of  the  entire  registration  list  of  that  precinct,  con- 
taining only  the  name  and  address  of  each  person  appearing  thereon, 
and  shall  certify  the  same  as  being  correct  and  shall  post  such  copy 
on  the  outside  of  said  registration  place,  where  it  shall  remain  until 
after  election. 

Sec.  6.  Original  deliver  to  county  clerk. — ^Immediately  upon  com- 
pleting such  copy  said  registration  committee  shall  deliver  the  original 
book  of  registration  to  the  county  clerk  who  shall  retain  the  same  until 
the  day  prior  to  the  election  when  he  shall  deliver  the  same  to  the 
judges  of  election  of  the  proper  precinct  for  their  use  at  such  election, 
properly  certified  as  required  by  the  registration  laws  of. this  State  to 
be  done  in  cases  of  copies,  but  the  county  clerk  shall  not,  for  any  such 
election,  make  and  furnish  any  copy  of  such  registration  lists  to  the 
judges  of  election  nor  shall  he  make  any  charge  for  delivering  said  orig- 
inal book  of  registration  as  required  herein;  but  his  compensation  for 
all  other  matters  hereby  required  shall  be  as  fixed  by  the  registration 
laws  of  this  State. 

Sec.  7.  Petition  to  purge. — ^At  any  time  prior  to  the  delivery  of  the 
original  book  of  registration  to  the  registration  committee  of  the  pre- 
cinct, as  herein  provided,  a  petition  for  purging  the  list  may  be  filed 
as  to  the  registration  list  appearing  therein,  at  any  time  prior  to  the 
seventh  day  before  election  a  petition  may  be  filed  for  purging  the  list 
of  additional  registrations  made  as  herein  provided,  which  petitions  and 
the  procedure  and  relief  thereunder  shall  be  the  same,  as  near  as  may 
be,  as  provided  in  the  registration  laws  of  this  State.  And  the  regis- 
tration and  election  laws  of  this  State  shall  govern  in  all  matters  con- 
nected with  the  making  of  said  registration  and  the  holding  of  any  such 
election  except  as  herein  otherwise  provided. 

Sec.  8.  Not  apply  to  certain  cities. — The  provisions  of  this  act  shall 
not  be  held  to  apply  to  any  city  operating  under  special  charter  under  any 
constitutional  provision  of  the  State.  [L.  '09,  pp.  484-5-6  (§§1-8,  inclusive).] 

4.     IN  CrrZES  OF  MORE  THAN  6,000  POFUI^ATION. 

Section  1.  Registration  required  as  qualification  of  voter — School 
elections  excepted. — No  person  shall  hereafter  be  permitted  to  vote  at 
any  primary,  or  general  or  special  election  provided  for  by  law,  whether 
national,  state,  district,  county,  city,  city  and  county,  or  town,  for  can- 
didates for  oflice,  or  upon  constitutional  or  charter  amendments,  or  pub- 
lic franchises  or  the  issuance  of  bonds,  or  other  questions,  matters  or 
measure  submitted  to  the  vote  of  the  qualified  electors,  held  in  any  elec- 
tion precinct  included  within  the  limits  of  cities  with  a  greater  popula- 
tion than  five  thousand  inhabitants,  without  first  having  been  registered 
within  the  time  and  in  the  manner  and  form  required  by  the-  provisions 
of  this  act;  Provided,  That  this  act  shall  not  apply  to  elections  concern- 
ing schools. 

Sec.  2.  Definition  of  words  and  phrases. — The  words  and  phrases  of 
this  act,  unless  the  same  be  inconsistent  with  the  context,  shall  be  con- 
strued as  follows: 


84  ELECTION  LAWS 

a.  The  words,  "Registration  Committee,"  and  the  words,  "Judges  of 
Election,"  to  mean  the  three  persons  provided  to  be  appointed  by  this 
act;  a  "majority"  of  the  registration  committee  to  mean  two  members 
thereof  representing  opposite  political  parties. 

b.  The  words,  "County  Clerk,"  to  mean  the  County  Clerk  and  Re- 
corder of  each  county. 

c.  The  word,  "City"  means  also  any  City  and  County  created  by 
any  constitutional  amendment,  and  coming  within  the  provisions  of  this 
act. 

d.  The  population  of  cities  shall  be  determined  by  the  latest  federal 
census. 

e.  The  words,  "County  Commissioners"  mean  the  board  of  c«unty 
commissioners  of  each  county. 

f.  In  computing  time  for  any  act  to  be  done  before  any  election,  as 
provided  hereunder,  the  first  day  shall  be  included,  and  the  last,  to-wit, 
election  day,  shall  be  excluded.  If  the  time  for  any  act  to  be  done,  as 
provided  herein,  shall  fall  on  Sunday  or  legal  holiday,  such  act  shall  be 
done  upon  the  day  following  such  Sunday  or  legal  holiday,  and  such  Sun- 
day or  legal  holiday  shall  not  be  included  in  any  given  number  of  days 
designated  as  the  time  in  which  any  act  is  to  be  done  or  performed,  as 
provided  in  this  act. 

g.  The  words,  "election,"  or  "election  day"  mean  any  election  within 
the  provisions  of  this  act,  other  than  a  primary. 

h.  The  words,  "preceding  election"  mean  the  last  election,  except 
a  primary,  held  for  candidates  for  oflace  which  was  within  the  provision^ 
of  this  act,  and  irrespective  of  whether  it  was  a  similar  election  or  not. 

i.  The  words,  "general  election"  mean  any  general  state,  county  or 
city  election  for  the  election  of  officers,  but  not  a  primary. 

Sec.  3.  Registration  Committee — Form  of  oath. — a.  The  registration 
of  electors  in  each  of  the  several  precincts  shall  be  made  by  a  committee 
consisting  of  three  qualified  electors  to  be  called  the  "Registration  Com- 
mittee," or  by  a, majority  of  the  registration  committee,  to  be  appointed 
for  each  of  said  precincts  as  herein  provided.  The  registration  commit- 
tee shall  also  be  judges  of  election  at  any  primary,  general  or  special 
election  next  following  their  appointment  and  during  their  term  of  office. 

b.  The  registration  committee  shall  in  accordance  with  the  pro- 
visions hereof  be  appionted  by  the  county  clerk  for  each  of  the  precincts 
In  the  county  on  the  first  Tuesday  in  July,  1912,  and  upon  the  same  day 
every  two  years  thereafter  in  the  manner  herein  provided,  and  the 
county  clerk  shall  make  and  file  in  his  office  a  list  of  each  and  all  per- 
sons so  appointed,  their  names,  business,  postoffice  and  residence  ad- 
dresses and  precinct  and  ward. 

c.  Between  the  first  day  of  May  and  the  third  Tuesday  in  June, 
1912,  and  during  said  period  every  two  years  thereafter,  the  county  chair- 
man of  each  of  the  two  political  parties  in  each  county  having  cast  the 
highest  number  of  votes  for  Governor  at  the  last  general  election  for 
State  officers,  shall,  in  accordance  with  the  provisions  hereof,  certify 
to  the  county  clerk  the  names  of  not  less  than  three  nor  more  than  six 
qualified  electors  in  each  of  the  precincts  in  such  city,  county  or  city 
and  county,  together  with  the  postoffice,  residence  and  business  address 
of  each  of  such  persons  so  certified.  Each  chairman  shall  also  certify 
that  at  least  two  of  the  persons  named  are  willing  to  serve  upon  the 
registration  committee  in  their  precincts  respectively.  Bach  county 
chairman  shall  designate  the  order  of  his  choice  of  such  names  for  ser- 
vice upon  the  registration  committee  in  each  precinct,  and  the  persons 
so  first  designated  by  the  two  county  chairmen  shall  be  chosen  by  the 
county  clerk  as  members  of  the  registration  committee.  One  of  such 
political  parties  shall  be  entitled  to  the  third  member  of  such  committee 
In  all  even  numbered  precincts,  and  the  other  In  all  odd  numbered  pre- 
cincts, and  It  shall  always  be  the  duty  of  the  county  commissioners  to 


ELECTION  LAWS  86 

number  such  precincts  consecutively,  beginning  with  number  one  (1) 
In  each  ward,  district  or  political  division  of  the  cities  within  the  pro- 
visions of  this  act.  On  said  first  Tuesday  in  July,  the  county  clerk,  or 
any  deputy  designated  by  him  for  that  purpose,  shall  determine  by  lot 
which  of  such  political  parties  shall  be  entitled  to  the  third  member  of 
the  committee  in  the  various  precincts.  The  third  member  of  the  regis- 
tration committee  shall  be  the  choice  of  the  county  chairman,  if  such 
choice  be  designated,  and  if  not,  the  county  clerk  may  select  any  one  of 
said  names.  If  for  any  reason  any  one  selected  to  act  upon  the  regis- 
tration committee  refuses,  fails  or  is  unable  to  act  at  any  time  within 
forty-eight  hours  before  any  election,  or  primary,  it  shall  be  the  duty  of 
such  member  of  the  committee,  or  any  member  of  the  committee,  to 
notify  the  county  clerk,  whereupon  the  county  clerk  shall  forthwith,  in 
the  most  speedy  and  convenient  method,  notify  the  county  chairman  of 
the  political  party  to  which  such  member  belongs,  whereupon  it  shall 
be  the  duty  of  the  county  chairman  of  such  political  party  to  forthwith 
indicate  to  the  county  clerk  the  name  of  some  other  elector  in  such  pre- 
cinct to  act  in  the  place  of  such  person.  If  it  is  impossible  to  notify 
such  county  chairman  of  any  such  vacancy  in  the  committee  during  the 
time  of  registration,  two  members  of  such  committee,  if  a  majority 
thereof,  shall  perform  the  duties  of  such  committee  until  such  vacancy 
is  filled  as  provided  herein.  If  there  shall  not  be  a  majority  of  such 
committee  remaining,  in  such  contingency  the  county  clerk  shall  desig- 
nate to  act  upon  such  committee,  pending  the  filling  of  such  vacancy  as 
provided  herein,  some  qualified  elector  in  said  precinct  belonging  to 
the  party  entitled  to  such  representation,  so  as  to  constitute  a  majority 
of  the  registration  committee;  Provided,  however,  that  the  county  clerk 
must  designate  some  person  who  was  named  originally  by  the  county 
chairman  in  the  list  submitted  as  herein  provided,  if  any  such  person  be 
willing  to  act.  If  there  be  no  county  chairman  in  any  county  so  that 
there  can  be  no  specific  compliance  with  the  provisions  of  this  act  as 
to  appointment  of  registration  committees  or  judges  of  election,  the 
county  clerk  shall  make  such  appointments  as  near  in  compliance  with 
the  intention  of  this  act  as  possible,  obtaining  such  list  of  names  from 
precinct  committeemen  of  such  party,  if  any,  and  if  not,  then  selecting 
representatives  of  such  political  organization  as  may  be  entitled  to  rep- 
resentation on  such  committees.  If  a  vacancy  in  such  committee  should 
occur  upon  the  date  of  any  election  or  primary,  by  failure  of  any  member 
of  such  committee  to  appear  at  the  polling  place  at  the  time  provided  by 
law  for  the  opening  thereof,  the  vacancy  shall  be  filled  by  vote  of  the 
bystanders  as  now  provided  by  law;  Provided,  however.  That  if  such 
member  of  the  committee  shall  appear  at  the  polling  place  within  thirty 
minutes  from  the  opening  thereof,  he  shall  be  entitled  to  act  upon  such 
committee  as  such  judge  and  in  such  event  the  election  judges  shall 
make  note  of  such  fact  in  their  official  returns  from  such  precinct.  In 
no  event  shall  any  person  so  selected  because  of  such  vacancy  on  the 
day  of  any  election  be  permitted  to  act  for  a  loager  period  than  during 
such  election  or  primary,  but  as  soon  thereafter  as  the  duties  of  such 
judges  for  the  particular  election,  or  primary  day  are  discharged,  any 
vacancy  shall  be  filled  in  the  manner  herein  provided. 

1.  The  right  of  the  elector  to  be  safeguarded  in  the  exercise  of  his 
franchise — a  right  conferred  by  the  sovereign  authority  of  the  state — • 
carries  with  it  the  corresponding  duty,  on  the  part  of  the  state,  to  furnish  all 
needed  protection.  This  is  of  public  concern;  therefore,  even  municipal 
flections  are  within  the  provisions  of  Sections  3c,  26,  of  the  act  of  May  30, 
1911,    regulating    elections. — (570). 

2.  The  judgment  of  the  district  court  awarding  mandamus  to  the  elec- 
tion commission  of  Denver,  requiring  them  to  appoint  temporary  registration 
committees  for  the  municipal  election  then  approaching,  from  lists  furnished 
by  the  chairman  of  the  two  political  parties  having  cast  the  highest  number 
of  votes  for  governor  at  the  last  preceding  general  election,  as  required  by 
the  act  of  May  30,  A.  D.  1911  (I^ws  1911,  c.  127)  affirmed— (563,  571).  Albert 
E.  Mauff  vs.  The  People,    52   Colo.,    562. 

d.  WJithin  five  days  after  the  time  provided  herein  for  the  desig- 
nation and  appointment  by  the  county  clerk  of  the  members  of  such 
registration  committee,  it  shall  be  the  duty  of  the  county  clerk  to  Issue 


86  ELECTION  LAWS 

three  certificates  under  his  ofllcial  seal  certifying  to  the  appointment  of 
such  committees  In  each  precinct  as  provided  herein.  Such  certificate 
shall  contain  the  name,  business,  postoflBce  and  residence  address  of  the 
members  of  such  committee  in  each  precinct,  with  a  statement  under  the 
seal  of  the  clerk  that  they  were  selected  by  him  in  accordance  with  the 
provisions  of  this  act,  one  of  which  certificates  shall  be  mailed  by  the 
county  clerk  to  each  of  the  members  of  such  committee  addressed  to  his 
postoflice  address.  It  shall  also  be  the  duty  of  the  county  clerk  within 
the  said  five  days  to  transmit  by  mall  to  each  of  the  respective  county 
chairmen  of  the  two  principal  political  parties  aforesaid  a  true,  exact 
and  certified  copy  of  the  list  of  members  of  the  registration  committee 
appointed  as  herein  provided.  The  original  of  such  lists  on  file  In  the 
oflSce  of  the  county  clerk,  and  all  other  registration  lists  of  names  and 
election  records,  shall  be  public  records  and  subject  to  the  inspection 
and  examination  during  oflice  hours,  by  any  elector  of  the  State,  and  to 
the  right  to  make  copies  thereof. 

e.  With  the  certificates  transmitted  or  delivered  by  the  county 
clerk  to  the  members  of  the  registration  committee  in  the  precincts 
respectively,  there  shall  be  enclosed  the  form  of  oath  hereinafter  set 
forth,  which  shall  be  filled  out  and  signed  by  each  member  of  such  com- 
mittee and  returned  and  filed  in  the  oflice  of  the  county  clerk  within  five 
days  after  the  date  of  receipt  of  such  form  of  oath  by  said  registration 
committee,  and  it  shall  be  a  public  record.  The  oath  to  be  taken  and 
subscribed  by  the  members  of  the  registration  committee  shall  be  sub- 
stantially as  follows: 

I ,   do   solemnly  swear    (or 

affirm)  that  I  am  a  citizen  of  the  United  States  and  the  State  of  Colorado, 

of  the  county  of city  of ; 

that  I  have  resided  within  the  limits  of precinct, 

ward    (or  district) ,   for  at  least  six 

months  last  past ;  that  I  am  a  bona  fide  member  of  the 

party;  that  I  will  faithfully  perform  the  duties  required  of  a  member  of 

the  registration  committee  and  judge  of  election  precinct , 

ward  (or  district) ,  in  the  city  of 

county,  Colorado,  according  to  law;  that  I  will  not 

wrongfully  omit  from  registration  the  name  of  any  qualified  elector;  and, 
that  I  will  not  knowingly  register  anyone  who  Is  not  legally  entitled  to 
register,  so  help  me  God. 

f.  The  oath  provided  for  in  this  act  shall  be  taken  before  any  per- 
son authorized  to  administer  oaths.  No  person  shall  be  qualified  as 
a  member  of  such  registration  committee,  except  in  case  of  vacancy 
within  forty-eight  hours  before  election  or  primary  day,  or  as  otherwise 
provided  in  this  act,  until  such  oath  has  been  duly  subscribed,  sworn  to 
or  affirmed  and  filed  as  herein  provided.  If  any  person  selected  to  act 
upon  the  registration  committee  shall  fail  to  subscribe,  swear  to  or 
affirm  and  file  such  oath  or  affirmation  as  herein  provided,  within  five 
days  from  the  time  of  his  appointment,  the  county  clerk  shall  forthwltn 
notify  the  county  chairman  of  the  political  party  who  may  have  desig- 
nated, or  who  may  have  been  entitled  to  designate  such  member  of  the 
committee,  and  upon  failure  of  such  person  to  comply  with  this  sec- 
tion within  forty-eight  hours  thereafter,  such  failure  shall  constitute  a 
vacancy.  In  the  case  of  a  person  properly  designated  as  registration 
committeeman,  as  herein  provided,  or  appointed  to  fill  vacancy,  where 
no  person  authorized  to  administer  oaths  is  available,  it  shall  be  deemed 
sufficient  for  the  different  registration  committeemen  to  administer  the 
required  oath,  one  to  another. 

Sec.  4.  Precinct  committeemen  to  furnish  lists  to  county  chairmen^ 
Form  of  precinct  list. — Ten  days  before  the  time  necessary  for  any 
county  chairman  to  submit  to  the  county  clerk  the  names  of  proposed 
members  of  the  registration  committee  as  provided  by  subdivision  C  of 
section  3  of  this  act,  and  at  such  other  times  as  shall  be  necessary  In 


ELECTION  LAWS  87 

order  to  comply  with  the  provisions  and  intention  of  this  act,  the  county 
chairman  of  the  respective  parties  entitled  to  representation  upon  said 
registration  committee  shall  demand  in  writing  of  the  precinct  commit- 
teeman in  each  precinct,  the  names  of  not  less  than  three  nor  more  than 
six  qualified  electors  who  reside  in  the  precinct  to  act  as  members  of 
the  registration  committee,  whereupon  it  shall  be  the  duty  of  such  com- 
mitteeman forthwith,  in  no  event  to  exceed  five  days  from  the  time  of 
such  demand,  to  submit  such  lists  in  writing  with  the  names  and  ad- 
dresses in  substantial  compliance  with  the  provisions  of  this  act.  The 
county  chairman  shall  furnish  blank  forms  to  each  commiteeman  for 
the  submission  of  such  lists,  which  shall  be  substantially  as  follows: 

"To 

County  Chairman  of  the Party. 

In  accordance  with  the  election  laws  of , 

1911,  section  four  (4),  I  submit  herewith  not  less  than  three  nor  more 
than  six  names  to  be  transmitted  by  you  to  the  county  clerk,  as  suitable 

members  for  the  registration  committee  in  precinct 

ward  (township,  or  district,  as  the  case  may  be) 

(Name)    

(Postoflace   Address)    

(Business  Address)    

I  further  certify  that  said  persons  so  designated  are  known  by  me 

to  be  members  in  good  standing  of  the party; 

reside  in  the  said  precinct  and  are  qualified  electors  in  this  county. 


Committeeman  of  the Party 

for  precinct Ward   (Town- 
ship or  District) ^ 

County    of : " 


Sec.  5.  County  chairman  must  use  list  furnished  by  precinct  com- 
mitteemen— Exceptions. — It  shall  be  the  duty  of  the  county  chairman  at 
all  times  In  recommending  persons  for  members  on  the  registration  com- 
mittee to  select  only  such  names  as  are  filed  with  him  by  the  precinct 
committeeman  in  accordance  with  section  4  of  this  act,  it  being  the  in- 
tention of  this  act,  that  the  members  of  the  registration  committee  shall 
be  appointed  from  the  lists  submitted  by  the  precinct  committeemen; 
Provided,  That  if  such  precinct  committeeman  shall  fail  or  neglect  to 
comply  with  the  provisions  of  this  act  in  making  due  responses  to  the 
request  of  the  county  chairman  to  furnish  such  names  to  the  county 
chairman,  then  in  such  event  the  county  chairman  may  select  such  mem- 
bers of  the  registration  committee  for  any  such  precinct  to  be  designated 
to  the  county  clerk. 

Sec.  6.  Causes  for  removal  of  committee  and  election  judges^— Re- 
moval fop  neglect  of  duty,  fraud,  etc. — iVIanner  of  removal — Petition  to 
court. — a.  Any  member  of  the  registration  committee  or  election  Judges 
may  be  removed  in  either  of  the  following  ways:  (a)  Upon  the  filing 
of  a  statement  with  the  County  Clerk  by  the  County  Chairman  of  the 
political  party  in  whose  behalf  said  member  was  appointed,  that  after 
investigation,  he  is  of  the  opinion  that  his  party  is  not  faithfully  or  fairly 
represented  by  said  committeeman.  Upon  the  filing  of  said  statement  It 
shall  be  the  duty  of  the  county  clerk  to  forthwith  notify  such  committee- 
man of  his  removal  and  the  cause  thereof;  when  his  successors  shall  be 
forthwith  appointed  as  in  other  cases. 

b.  If  any  member  of  such  registration  committee  or  election  judges 
has  neglected  his  duty  in  attending  to  such  registration,  or  has  com- 
mitted, encouraged  or  connived  at  any  frauds  in  connection  therewith, 
or  has  violated  any  of  the  election  pr  primary  elections  laws,  or  has 
knowingly  permitted  others  to  do  so,  or  has  been  convicted  of  any  crime, 
or  has  violated  the  oath  provided  for  herein,  or  has  wrongfully  hampered 
or  interfered  or  tends  to  Interfere  with  the  due  and  regular  performance 


88  ELECTION  LAWS 

of  the  duties  of  the  registration  committee  or  any  member  thereof,  or 
committed  any  other  act  which  interferes  or  tends  to  interfere  with  carry- 
ing out  the  purposes  of  this  act  to  provide  a  fair  and  honest  registration 
and  election  or  primary  election  or  if  the  appointment  of  any  member 
was  not  made  in  accordance  with  the  provisions  of  this  act,  such  member 
may  be  removed  from  said  committee  in  the  following  manner: 

A  brief  petition  by  the  person  making  such  charge  shall  be  filed  in  the 
district  or  county  court  of  the  county  at  any  time,  provided  such  time 
is  at  least  five  days  before  any  election  or  primary  election  setting  up 
in  brief  and  concise  language  the  facts  constituting  the  cause  for  the 
removal  of  such  member  of  the  committee;  whereupon  the  court  shall 
issue  a  citation  to  such  registration  committeeman  or  judge  of  election 
directing  him  to  appear  at  a  time  within  forty-eight  hours  thereafter  to. 
answer  such  petition,  if  he  desires  so  to  do.  The  court  shall  proceed 
summarily  to  hear  and  finally  dispose  of  such  petition,  and  within 
forty-eight  hours  of  the  time  of  the  filing  of  the  answer  may  hear  evi- 
dence in  relation  thereto.  If  the  court  shall  decide  that  such  registration 
committeeman  or  judge  of  election  ought  to  be  removed  for  any  cause 
stated  in  the  petition,  it  shall  be  so  ordered  and  he  shall  notify  the  county 
clerk  thereof  forthwith,  whereupon  the  chairman  and  county  clerk  shall 
forthwith  fill  the  vacancy  as  provided  herein  for  original  appointments 
upon  said  committee. 

Such  petition  shall  be  verified,  but  the  verification  may  be  upon  in- 
formation and  belief.  Any  evidence  given  by  any  such  accused  regis- 
tration committeeman  or  judge  of  election  as  a  witness  for  petitioner 
at  such  hearing,  or  the  result  thereof,  shall  not  be  used  against  him  in 
civil,  criminal  or  other  proceedings. 

c.  Upon  the  failure  or  neglect  of  the  members  of  such  registration 
committee,  or  a  majority  thereof,  to  make  the  canvass  and  return  the 
same  to  the  county  clerk,  according  to  law,  or  to  otherwise  perform  the 
duties  provided  by  this  act  to  be  performed  by  such  registration  com- 
mittee and  the  members  thereof,  it  shall  be  the  duty  of  any  member  of 
such  registration  committee,  any  county  chairman  of  a  political  party 
organization,  or  any  elector  in  the  precinct  for  which  such  registration 
committee  and  each  member  thereof  is  appointed,  having  knc^vledge  of 
such  failure  or  neglect,  to  cause  proper  action  for  removal  to  be  insti- 
tuted against  such  member  of  said  committee.  It  shall  also  be  the  duty 
of  the  county  clerk  to  take  prompt  and  immediate  action  in  all  such  cases 
coming  to  his  knowledge.  Any  vacancies  occurring  in  such  registration 
committee  for  any  cause  shall  be  filled  in  the  same  manner  and  with 
like  effect  as  said  committee  is  provided  to  be  originally  constituted  and 
appointed.  The  validity  of  any  part  of  the  registration  already  com- 
pleted, or  other  acts  done  or  provided  hereunder,  if  otherwise  legally 
done,  shall  not  be  affected  by  the  removal  of  a  member  of  such  commit- 
tee, but  the  same  shall  be  in  every  respect  valid  and  regular,  and  the 
successor  of  any  such  person  removed,  or  retiring  from  such  committee 
for  any  cause,  shall  proceed  with  such  canvass  and  the  other  duties  of 
such  committee  with  like  power  and  effect  as  though  originally  appointed 
as  a  member  of  such  registration  committee. 

Sec.  7.  County  Clerk  to  deliver  to  Registration  Committee  copy  of 
registration  book — Form  of  clerk's  certificate — Meetings  of  Registration 
Committee — Who  may  register. — One  day  prior  to  the  beginning  of  pre- 
cinct registration,  the  county  clerk  shall  deliver  to  a  majority  of  the 
registration  committee  a  true  copy  of  the  registration  book  used  at  the 
next  preceding  election,  and  containing  the  names  of  all  those  who  voted 
at  the  preceding  election,  with  the  exception  of  those  whose  names 
have  been  stricken  by  the  county  clerk  under  the  provisions  of  this  act. 
The  clerk  shall  attach  to  each  of  said  registration  books  a  certificate 
substantially  as  follows: 

"I  bereby  certify  that  the  within  copy  of  registration  for  Precinct 
,. ,  Ward  or  District County, 


ELECTION  LAWS  W 

Colorado,  containing names,  is  a  true  and  correct  list 

of  all  the  voters  in  said  precinct  who  voted  therein  at  the  last  general 
election  and  whose  names  appear  on  the  original  registration  book  of 
said  precinct  in  my  office. 


County  Clerk." 

On  the  fourth  and  third  Thursdays  preceding  the  day  of  election, 
said  registration  committee  shall  sit  at  some  suitable  place  to  be  provided 
by  the  county  commissioners,  selected  in  accordance  with  the  methods 
and  law  of  the  State  for  the  providing  of  polling  places  for  election, 
which  place  shall  be  as  far  as  practicable,  centrally  located  within  tb© 
precinct,  from  nine  o'clock  a.  m.  until  nine  o'clock  p.  m.,  and  shall  pro- 
ceed to  complete  said  registration  list  in  accordance  with  the  provisions 
of  this  act,  it  being  the  purpose  and  intent  of  this  act  that  any  elector 
who  has  once  been  registered  shall  not  have  to  again  register  for  any 
primary  election  unless  he  shall  have  failed  to  vote  at  the  preceding 
general  election,  and  at  said  times  they  shall  place  on  their  registration 
books  the  names  of  all  qualified  electors  of  their  precinct,  who  are  not 
already  on  the  registration,  after  the  following  manner: 

First.  All  who  shall  present  themselves  in  person  for  registration 
and  take  the  form  of  oath  herein  provided  for  and  comply  with  the  pro- 
visions of  this  act  respecting  registration. 

Second.  Any  elector  who  is  already  registered,  whether  by  virtue  of 
having  voted  at  the  preceding  election,  or  has  appeared  in  person  and 
registered  at  the  time  the  registration  committee  is  sitting,  and  who  is 
personally  known  to  the  registration  committee,  may  register  any  per- 
son or  persons  to  the  number  of  not  more  than  three  (3)  or  any  member 
of  his  family  including  servants  to  any  number  thereof,  who  reside  and 
have  resided  at  the  same  address  for  at  least  ninety  (90)  days  last  past, 
by  signing  such  name  or  names  on  the  list  and  thereafter  signing  his 
own  name  as  voucher,  in  the  presence  of  a  majority  of  the  registration 
committee,  and  by  making  oath  as  follows: 

"I,  ,  do  solemnly  swear  by  the 

ever-living  God  (or  affirm)  that  I  am  a  citizen  of  the  United  States  a^d 

a  qualified  elector  in  ward (or  district) , 

precinct in  the  county  or  city  and  county  of ; 

that  I  am  registered  from  No Street,  and  a  resi- 
dent of  that  address.     That 

(name  of  person  or  persons),  whose  names  I  have  caused  to  be  placed 
on  the  registered  list  of  qualified  voters  from  the  same  address  in  this 
precinct,  reside  at  such  address,  and  have  resided  there  for  ninety  (90) 
days  last  past,  and  are  qualified  electors  entitled  to  be  registered  and  to 
vote  from  such  address  in  such  precinct,  at  the  ensuing  election." 

In  all  cases  where  electors  are  permitted  to  be  registered  by  vouch- 
ers, the  person  so  vouching  for  them,  as  far  as  known  by  them,  shall  fur- 
nish the  information  required  concerning  such  elector,  which  shall  be 
filled  in  the  blank  spaces  for  that  purpose  in  the  registration  book. 

All  registrations  shall  be  made  in  ink  and  shall  be  made  only  in  the 
registration  book  furnished  by  the  county.  Elxcept  as  herein  otherwise 
provided,  each  elector  registered  shall  answer  the  questions  concerning 
all  matters  required  by  Section  eight  (8)  of  this  act  and  sign  his  or  her 
name,  or,,  if  unable  to  write,  make  his  or  her  mark,  and  the  answer  so 
made  by  the  elector  shall  be  entered  in  the  registration  book  by  the 
members  of  the  registration  committee  selected  or  directed  by  the  com- 
mittee to  make  such  entries,  in  the  proper  place,  and  shall,  together  with 
the  signature  of  the  elector  be  attested  by  at  least  one  member  of  the 
registration  committee,  the  elector  first  taking  the  following  oath  before 
one  of  the  members  of  said  registration  committee,  all  of  whom  are 
bereby  empowered  to  administer  such  oath  or  other  oath  necessary  to 
the  performance  of  their  duties  under  this  act  or  the  carrying  out  of  its 
provisions : 


90  ELECTION  LAWS 

"I,  ,  do  solemnly  swear  (or  affirm) 

that  on  the  date  of  the  next  ensuing  election  I  shall  be  over  the  age  of 
twenty-one  years  and  shall  have  resided  in  the  State  of  Colorado  at 
least  twelve  months,  and  in  the  county  at  least  ninety  days  preceding 

the  said  election,  and  in  the  city  of 

at  least  thirty  days  and  in  precinct at  least  ten  days 

before  election,  and  that  I  am  a  citizen  of  the  United  States  and  a  quali- 
fied elector  in  said  precinct." 

Sec.  8.  Questions  to  be  answered  by  elector  when  registering.— It 
shall  be  the  duty  of  each  qualified  elector  to  be  lawfully  registered,  ex- 
cept as  otherwise  provided  herein,  to  answer  concerning  the  following 
matters:  (1)  Name  in  full.  (2)  Whether  married  or  single.  (3) 
Place  of  residence,  which,  if  urban  or  suburban,  shall  be  located  accord- 
ing to  its  street  number,  or  if  there  shall  be  no  street  number,  then 
by  the  description  of  the  lot  or  lots,  in  the  block  or  blocks  in  the  addition, 
division  or  subdivision  into  which  the  land  upon  which  the  residence  is 
located,  Is  divided;  in  all  other  cases  the  residence  shall  be  located  by 
the  section  or  sections  or  subdivision  thereof,  in  the  township  and  range 
as  established  and  numbered  by  the  United  States  government  survey. 

(4)  Whether  owner  of,  tenant  of,  or  lodger  with  occupant  of  resi- 
dence. If  the  voter  is  a  lodger  in  any  rooming  house  or  hotel  the  number 
of  the  floor  and  the  number  of  the  room  shall  be  given  and  stated  in  the 
registration  book. 

(5)  Whether  a  taxpayer  in  the  city  in  which  the  election  is  to  be 
held. 

(6)  Whether  a  native  born  or  naturalized  citizen  of  the  United 
States.  If  a  naturalized  citizen,  the  applicant  shall  state  how  naturalized, 
whether  by  naturalization  of  self,  parents,  or  otherwise;  applicant  shall 
state  as  near  as  may  be  to  his  best  knowledge,  information  and  belief, 
when  self,  parents,  or  if  a  female,  when  husband  was  naturalized,  the 
place  and  time  of  naturalization  and  by  what  court  the  naturalization 
papers  were  granted. 

(7)  A  description  of  his  person,  consisting  of  his  height,  sex,  age, 
complexion,  color  of  eyes  and  any  other  physical  features  by  which  he 
can  be  readily  identified. 

(8)  His  profession,  business  or  employment.  (9)  His  postofflce 
address.  (10)  The  applicant  shall  comply  with  any  educational  qualifi- 
cations required  by  law.  It  shall  only  be  necessary  for  a  female  voter 
to  state  that  she  is  twenty-one  (21)  years  of  age  and  over,  in  answer  to 
all  questions  relating  to  her  age. 

Sec.  9.  Persons  present  when  polls  close  allowed  to  complete  regis- 
tration.— a.  All  persons  in  the  polling  place  at  the  hour  of  closing  the  reg- 
istration shall  be  allowed  to  complete  their  registration  and  the  polls  shall 
be  kept  open  after  such  hour  of  closing  only  long  enough  to  allow  those 
actually  present  at  the  hour  of  closing  to  complete  their  registration. 

Sec.  9.  Arrangement  of  registration  list. — b.  The  registration  list 
BO  made  shall  contain  the  names  of  the  qualified  electors  of  the  voting 
precinct  In  which  the  same  is  made,  alphabetically  arranged,  according 
to  the  surnames,  so  as  to  show  in  one  column  the  name  of  each  elector 
at  full  length,  and  in  another  the  place  of  his  residence,  designated  by  the 
number  or  name  of  the  street  and  the  number  of  the  house,  if  numbered, 
and  if  not,  the  section  or  other  subdivision  thereof,  according  to  United 
States  surveys,  on  which  such  elector  shall  reside,  if  he  resides  on  sur- 
veyed land,  and  if  not,  such  description  as  will  best  locate  his  residence. 

Sec.  10.  Duty  of  Registration  Committee  in  re  registration  list — 
Committee  to  post  list — County  Clerk  to  deliver  copy  of  list  to  each 
county  chairman — County  Clerk  to  deliver  corrected  list  to  member  of 
Registration  Committee — Corrected  list  to  be  posted — Clerks  of  election 
to  keep  pell  and  tally  lists. — Upon  the  completion  of  such  lists  of  regis- 


ELECTION  LAWS  91 

tered  voters,  the  registration  committee  shall  forthwith,  and  not  later 
than  two  days  after  the  last  day  of  precinct  registration,  deliver  the 
same  to  the  county  clerk.  They  shall  also  make  four  copies  of  the  names 
and  addresses  of  the  registered  voters,  three  of  which  they  shall  send 
to  the  county  clerk  with  the  registration  book.  The  other,  they  shall, 
ijot  later  than  two  days  after  the  last  day  of  precinct  registration,  post 
in  some  conspicuous  place  as  near  as  practical  or  convenient  to  the  poll- 
ing place  to  be  used  at  the  ensuing  election,  so  as  to  be  accessible  and 
convenient  to  any  elector  who  may  desire  to  inspect  the  same.  It  shall 
be  the  duty  of  the  county  clerk,  upon  receipt  of  the  list  of  names  and 
addresses  of  the  registered  voters  in  the  various  precincts  from  the 
registrars,  to  forthwith,  and  within  twenty-four  hours,  deliver  one  of  said 
copies  to  each  county  chairman  of  the  two  political  parties  having  cast 
the  largest  vote  for  Governor  at  the  last  preceding  election,  taking  his 
receipt  therefor,  and  retain  the  third  copy  of  the  list  of  names  and  ad- 
dress for  correction.  The  clerk  shall  correct  the  retained  list  of  names 
and  addresses  received  from  the  registration  committee  in  accordance 
with  the  original  registration  book  as  it  is  on  the  ninth  day  preceding  the 
election,  and  forthwith  send  the  same  to  the  member  of  the  registration 
committee  representing  the  political  party  that  cast  the  second  highest 
vote  for  Governor  at  the  next  preceding  election.  It  shall  be  the  duty  of 
such  registrar  to  forthwith  and  at  least  five  days  preceding  the  ensuing 
election,  post  the  same  in  the  place  and  stead  of  the  list  of  names  pro- 
vided to  be  posted  after  the  completion  of  precinct  registration,  which 
list  shall  remain  posted  until  after  the  day  of  election. 

At  all  primaries  and  elections  the  clerks  of  election  shall  also  keep 
the  usual  poll  and  tally  lists  now  kept  or  in  use  at  general  elections. 
The  judges  at  elections  and  primaries  shall  certify  in  their  returns  the 
names  and  addresses  of  themselves  and  of  the  clerks  officiating  thereat. 

S€c.  11.  Removal  of  elector  from  precinct — Duty  of  County  Clerk  In 
cases  of  removal  and  change  of  address. — Any  qualified  elector  who  has 
been  registered  and  who,  subsequent  thereto,  shall  have  removed  from  the 
precinct  in  which  he  is  registered  to  some  other  precinct  may  appear  be- 
fore the  county  clerk  at  any  time  within  a  period  of  not  less  than  ten 
days  prior  to  the  day  of  any  election,  and  upon  making  oath  as  to  his 
present  residence  in  said  precinct,  said  county  clerk  shall  draw  a  red 
line  through  the  registration  of  said  voter,  making  note  as  follows,  in 

column  for  "rem^arks":  "Changed 19 ,  to  precinct 

ward  (or  district) ,"  and  shall 

register  in  red  ink  such  elector  in  the  registration  book  for  the  precinct 
to  which  he  is  moved.  Changes  from  one  number  in  the  precinct  to 
another  number  in  the  same  precinct  may  be  made  in  the  same  manner, 
or  may  be  made  on  election  or  primary  day  by  the  judges.  The  county 
clerk  or  deputy  making  such  change  shall  sign  his  or  her  name  in  the 
column  for  the  signature  of  the  registration  committee. 

Sec.  12.  City  elections. — a.  Within  thirty  (30)  days  after  any  gen- 
eral city  election  (except  a  primary)  the  city  officers  having  custody  of 
the  returns  shall  deliver  to  the  county  clerk  one  of  the  original  poll  books 
used  at  the  preceding  election,  containing  the  names  of  all  those  who 
voted  thereat,  and  said  clerk  shall  use  the  same  in  purging  the  registra- 
tion, as  provided  in  this  section. 

Sec.  12.  Purging  of  registration  list  by  County  Clerk — County  chair- 
man may  challenge  legality  of  registration — Appeal  to  county  or  district 
court— Duty  of  committee  In  premises. — b.  Within  forty-five  days  after 
any  general  election  held  after  the  passage  of  this  act,  the  County  Clerk 
shall  compare  the  poll  list  of  voters  who  are  shown  thereby  to  have 
voted  at  the  election,  with  the  original  registration  for  such  elections, 
and  strike  from  such  original  registration  the  names  of  all  persons  who 
failed  to  vote  at  such  election  by  drawing  a  red  line  through  their  names 
and  writing  thereafter  in  the  column  headed  "remarks,"  the  words, 
"failed  to  vote."     The  registration  lists,  as  thus   purged,  shall  be  the 


92  ELECTION  LAWS 

registration  for  the  next  succeeding  primary  election,  with  the  names  of 
such  additional  persons  added  thereto  as  shall,  after  the  completion  of 
said  purging,  have  appeared  personally  hefore  the  county  clerk  for  orig- 
inal registration  or  change  of  registration  not  more  than  thirty  nor  less 
than  three  days  before  any  primary,  and  complied  with  the  requirements 
of  law  respecting  registration  before  the  registration  committee,  and  said 
clerk  shall  register  any  qualified  elector  who  shall  so  appear  in  person 
for  registration. 

Any  county  chairman  or  his  representatives  or  any  qualified  elector 
in  such  precinct  may  also  appear  at  the  time  of  precinct  registration  and 
protest  against  the  registration  of  any  name  already  appearing  upon  said 
registration  list  registered  during  that  precinct  registration,  which  is 
claimed  to  be  illegal  or  fraudulent,  and  a  majority  of  such  committee,  if 
satisfied  any  such  name  is  illegal  or  fraudulent,  may  strike  the  same  from 
the  list,  subject  to  the  right  of  any  person  whose  name  is  so  stricken,  or 
any  county  chairman,  to  apply  in  a  brief  petition  to  the  District  or  County 
Court  to  have  his  name  or  such  name  restored  to  such  list  if  legally  en- 
titled to  remain  there.  No  fee  shall  be  charged  or  collected  in  any  case 
where  such  name  may  be  restored  to  the  registration  list.  Such  pro- 
test, and  two  copies  thereof,  must  be  filed  in  writing  with  such  registra- 
tion committee  upon  said  day,  and  it  shall  be  the  duty  of  the  committee 
to  return  the  said  protest  and  copies  thereof  to  the  county  clerk  at  the 
time  of  making  return  of  such  registration,  book  as  provided  herein,  with 
a  statement  by  all  or  any  one  of  said  committee  as  to  any  knowledge  or 
information  obtained;  their  opinions  as  to  the  truth  or  falsity  of  such 
protest,  and  their  action  in  respect  thereto,  which  statement  shall  re- 
main on  file  with  the  county  clerk.  Forthwith,  upon  such  filing  with  the 
county  clerk,  it  shall  be  his  duty  to  deliver  or  mail  a  copy  of  such  pro- 
test so  filed  with  him,  to  each  of  the  two  county  chairmen.  Such  state- 
ment filed  by  the  registration  committee,  or  any  member  thereof,  shall 
be  conveniently  kept  with  the  registration  book  or  records  from  such 
precinct  and  subject  to  public  inspection. 

Sec.  13.  Method  of  challenging  false  registration — Contents  of  peti- 
tion— Clerk  of  court  to  notify  all  parties  involved — Form  of  subpoena — 
Form  of  notice  to  challenge  elector — Court  to  determine  charges. — a.  At 
any  time  not  more  than  twenty-five  nor  less  than  eighteen  days  before 
any  election  or  primary  election,  any  qualified  elector  may  file  in  the 
county  or  district  court  a  petition,  which  shall  be  under  oath,  alleging 
that  the  petitioner  has  made  careful  investigation,  and  believes  that  names 
registered  by  the  registration  committee  are  illegally  or  fraudulently 
registered  in  certain  precincts,  which  shall  be  stated.  The  petition  shall 
set  forth  consecutively  and  in  alphabetical  order  each  of  such  names, 
with  the  address  given  in  the  registration  book  in  each  precinct,  and  the 
names  of  the  registration  committee  in  such  precinct.  Such  petition 
shall  state  briefly  the  facts  upon  which  such  charge  of  illegality  or  fraud 
is  made.  The  verification  may  be  made  upon  information  and  belief. 
As  soon  as  possible,  and  within  twenty-four  hours  after  the  filing  of  such 
petition,  the  clerk  of  the  court  shall  mail  to  each  member  of  the  regis- 
tration committee  in  such  precinct  a  subpoena  in  the  form  following,  and 
shall  mail  to  each  name  and  address  alleged  therein  to  be  illegal  or  fraud- 
ulent, a  notice  of  the  filing  of  such  petition,  and  the  time  of  hearing  the 
same,  which  shall  be  not  less  than  three  nor  more  than  five  days  there- 
after. The  subpoena  to  the  members  of  the  registration  committee  shall 
be    substantially  as  follows: 

"You  are  notified  that  on  the day  of 

filed   in   the court  a 

petition  asking  for  the  purging  of  certain  names  from  the  registration 

list  in  precinct ,  ward and  that 

it  appears  from  the  record  that  such  registration  was  made  by  you,  and 
that  you  have  represented  it  to  be  legal  and  correct.  The  petition 
charges  that  the  list  of  names  attached  hereto  in  said  precinct  registered 
by  you  are  illegal  or  fraudulent. 


ELECTION  LAWS  93 

You  are  notified  to  appear  and  answer  the  charges  of  said  petition 

at  the  hour  of o'clock  on  the day  of 

,  19 at  the court, 

at  the  court  house,  in  the  city  of 

You  are  further  notified  that  failure  to  appear,  without  good  or  suffi- 
cient excuse,  renders  you  liable  for  contempt  of  court  and  punishment 
accordingly,  as  provided  by  the  registration  law. 


Clerk." 
(Attach  list  of  names  and  addresses  in  alphabetical  order.) 

The  subpoena  shall  be  issued  on  the  court's  motion  and  the  county 
shall  pay  the  witness  and  mileage  fees. 

The  notice  mailed  to  the  name  and  address  of  each  person  in  such 
precinct  mentioned  in  such  petition  as  being  illegally  or  fraudulently 
registered  shall  be  substantially  as  follows: 

"You  are  notified  that (stating  the  official 

position  of  such  petitioner,  if  the  petitioner  should  be  a  county  chairman, 
member  of  a  registration  committee,  or  otherwise),  has  filed  a  petition 
in  this  court,  asking  for  the  purging  of  the  registration  in  precinct 
ward 

It  is  charged  in  such  petition  that  your  name  appearing  upon  the 
registration  lists  of  such  precinct  was  illegally  or  fraudulently  reg- 
istered. 

You  are  notified  that  said  cause  will  be  heard  at  the 

court,  at  the  court  house  in  the  city  of at  the 

hour  of o'clock,  on  the day  of 

,19 You  are  notified  that  your 

name  will  be  stricken  from  such  registration  list  if  it  shall  be  proved  by 
the  evidence  at  such  hearing  that  you  are  not  entitled  to  registration. 


Clerk." 

b.  It  shall  be  the  duty  of  any  person  filing  a  petition  as  herein  pro- 
vided, for  the  purging  of  registration,  to  file  therewith  two  duplicate 
copies  of  the  same,  and  it  shall  be  the  duty  of  the  clerk  of  the  court  to 
immediately  deliver  or  mail  to  each  of  the  two  county  chairmen  one  such 
duplicate  copy,  together  with  the  notice  stating  that  the  original  of  such 
copy  has  been  duly  filed  in  his  office,  stating  the  time  of  such  filing  and 
the  time  and  place  when  the  cause  is  set  for  hearing. 

c.  Any  person  whose  name  is  charged  to  be  illegally  or  fraudul- 
ently registered,  who  shall  appear  in  person  and  make  oath  that  he  or 
she  is  a  legally  qualified  elector  to  vote  in  such  precinct,  or  any  person 
not  present,  whom  any  one  member  of  such  registration  committee  shall 
make  oath  in  court  is  a  legally  qualified  elector  in  said  precinct,  shall, 
for  the  purpose  of  such  hearing,  be  conclusively  entitled  to  have  his  name 
remain  upon  such  registration  list.  Any  person  making  such  oath  in 
open  court  shall  be  subject  to  cross  examination  by  the  petitioner  or  any 
person  representing  the  petitioner  at  such  hearing.  If  any  person  at  such 
hearing  shall  testify  that  any  one  thus  retained  upon  such  registration 
list  by  such  oath  or  affirmation  is  not  a  qualified  elector  in  such  precinct, 
a  record  of  the  fact  shall  be  made  and  transmitted  by  the  clerk  of  the 
court  to  the  district  attorney. 

d.  In  all  cases,  except  those  which  shall  be  conclusively  entitled  to 
remain  upon  the  registration  lists  by  reason  of  the  oath  or  affirmation 
provided  in  the  last  paragraph  of  this  section,  the  court  shall  investigate 
summarily  and  within  forty-eight  hours  after  the  close  of  the  evidence 
determine  whether  or  not  such  charges  are  sustained;  Provided,  only 
competent  legal  evidence  shall  be  received  on  such  hearing  or  con- 
sidered by  the  court,  and  no  name  registered  in  accordance  with  law 
shall  be  struck  from  the  registration  unless  it  shall  be  so  proved  that 
the  challenged  person  is  not  a  qualified  voter  in  the  precinct  wherein  he  is 
registered.     No  presumption  shall  be  indulged  in  against  any  person 


94  ELECTION  LAWS 

whose  registration  is  challenged  merely  because  of  the  failure  of  such 
person  to  attend  the  hearing.  At  the  close  of  such  hearing  the  court 
shall  announce  the  names  in  such  petition  as  to  which  such  charges  have 
been  sustained,  and  shall  direct  the  clerk  of  the  court  to  forthwith  cei 
tify  to  the  county  clerk  the  lists  of  names  of  such  persons,  with  their 
addresses  in  eacn  precinct  and  ward,  arranged  alphabetically  and  acv 
cording  to  precincts.  It  shall  thereupon  be  the  duty  of  the  county  clerk, 
upon  the  receipt  of  said  list  from  the  said  court,  to  forthwith  strike 
such  names  from  the  registration  lists  in  the  proper  precinct  by  ruling 
a  red  line  through  such  name,  with  the  notation  in  the  column  for  "re- 
marks," that  such  name  or  names  were  stricken  out  in  pursuance  of  the 
order  of  such  court,  giving  the  date  of  such  order. 

e.  Any  person  who  shall  without  previous  investigation,  or  with- 
out reasonable  cause  or  excuse,  wilfully  charge  in  any  petition  filed  in 
such  court  that  the  name  of  any  person  upon  such  registration  book  or 
lists  is  illegal  or  fraudulent,  or  who  shall  not  file  such  petition  in  good 
faith,  or  who  shall  file  the  same  for  the  purpose  of  hindering  or  delay- 
ing any  registration  or  any  election,  and  not  for  the  purpose  of  purging 
such  registration  lists  of  illegal  or  fraudulent  names,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  also  of  contempt  of  court. 

Any  member  of  the  registration  committee,  or  any  person  whose 
name  is  charged  to  be  illegally  or  fraudulently  registered,  shall  have 
the  right  to  charge  by  written  afla.davit  filed  in  such  cause,  which  affidavit 
may  be  upon  information  and  belief,  that  the  person  filing  such  petition 
is  not  acting  in  good  faith,  but  has  been  guilty  of  any  of  the  acts  or 
improper  motives  mentioned  herein,  and  if,  upon  hearing,  which  shall 
be  at  the  same  time  the  case  is  heard  on  the  petition,  any  of  such  charges 
are,  in  the  opinion  of  the  court,  sustained,  such  persons  shall  be  guilty 
of  a  misdemeanor  and  of  contempt  of  court. 

f.  All  hearings  of  any  such  petition  shall  be  summary,  final  and 
not  the  subject  of  delay. 

g.  No  other  pleadings  than  the  said  petition  and  affidavit  shall  be 
permitted  to  be  filed  in  any  such  cause. 

h.  The  court  shall  have  the  power  to  subpoena  any  person  or  per- 
sons as  witnesses  at  such  hearing  and  make  any  necessary  investigation 
to  ascertain  the  truth  of  any  of  the  charges  in  such  petition  or  affidavits, 
provided  the  method  of  such  investigation  shall  not  cause  unnecessary 
delay  or  interfere  with  the  final  disposition  of  such  cause  within  the 
time  provided  for  herein. 

Persons  subpoenaed  shall  be  paid  by  the  county  the  usual  witness 
and  mileage  fees  allowed  witnesses  for  the  people  in  criminal  cases  in 
courts  of  record.  The  decision  of  the  court  in  any  such  case  shall  be 
final,  and  no  appeal  shall  lie  to  any  other  court,  except  that  the  Su- 
preme Court  may,  in  the  exercise  of  its  discretion,  review  any  such  pro- 
ceedings in  a  summary  way.  The  penalty  for  tampering  with  or  de- 
stroying such  list  shall  be  printed  in  a  conspicuous  place  on  the  outside 
thereof,  and  the  registration  committee  shall  adopt  reasonable  methods 
for  the  posting  of  such  list  so  as  to  protect  it  from  the  weather  or  theft, 
and  make  it  accessible  to  the  public  at  reasonable  times,  and  they  shall 
sign  their  names  and  addresses  on  the  cover  of  such  list. 

Sec.  14.  Registration  Committee  to  sign  and  swear  to  list  compiled 
by  tliem — Form  of  certification — Registrars  make  copies  of  list. — a.  When 
any  registration  book  or  copy  thereof  is  delivered  to  the  county  clerk 
under  any  provision  of  this  act,  there  shall  be  attached  thereto  a  cer- 
tificate, signed  and  sworn  to  by  the  members  of  the  registration  com- 
mittee making  the  registration  contained  in  such  book,  certifying  sub- 
stantially as  follows: 

"We,  the  legally  appointed   committee  for  the  registration  of   the 

electors  for  ward   (or  district) precinct 

do  solemnly  swear  (or  affirm)   In  the  presence 

of  the  ever-living  God  that  we  have  diligently  performed  the  duties  re- 
quired of  us  by  law  in  completing  the  registration  of  voters  for  said 


ELECTION  LAWS  95 

precinct,  and  have  herein  entered  the  names  of  electors  in  accordance 
with  the  provisions  of  the  statutes  of  the  State  relating  to  the  registra- 
tion of  voters,  and  that  as  such  registration  committee  for  the  purpose 

mentioned,  we  did  sit  at  number ,  (district,  ward  or 

other  description  of  the  place  of  registration)  in  the  said  precinct  be- 
tween the  hours  of  seven  o'clock  a.  m.  and  nine  o'clock  p.  m.  on  the 
day  of ,  for  the  pur- 
pose of  registering  electors  in  said  precinct,  and  we  have  in  all  respects 
complied  with  the  law  in  making  the  registration  of  said  precinct  up  to 
and  including  the  day  of  this  certificate,  and  we  have  not  knowingly 
permitted  any  illegal  or  fraudulent  registration  in  said  precinct. 


Committee  of  registration  for  ward  (or 

district) ,  precinct 

Subscribed  and  sworn  to  before  me  this day 

of ,  A.  D.  19...." 

b.  Any  member  of  the  registration  committee  may  make  daily  copies 
upon  duplicate  sheets  or  duplicate  registration  sheets,  of  registrations 
made  by  such  committee.  It  shall  be  the  duty  of  the  members  of  such 
committee  to  sign  and  certify  to  any  copy  of  their  registration  list  when 
requested  by  any  member  of  the  committee. 

Sec.  15.  County  Commissioners  to  provide  election  supplies,  etc— • 
Contents  of  registration  books. — The  board  of  county  commissioners  in 
each  county  from  time  to  time  as  may  be  required  by  this  act,  shall  pro- 
vide for  all  election  precincts  all  necessary  supplies  and  registration 
books  which  shall  be  of  sufficient  strength  and  durability  tor  the  regis- 
tration provided  for;  such  books  shall  be  of  convenient  size  and  shape, 
conforming  in  the  printing  and  blank  spaces  to  the  requirements  of  this 
act,  and  shall  be  arranged  for  the  registration  of  names  in  divisions  to 
be  composed  of  ruled  columns  with  appropriate  headings,  under  the  in- 
formation obtained  or  required  by  the  registration  copamittee  concerning 
the  proper  answers  and  statements  made  by  each  elector  in  being  regis- 
tered in  compliance  with  the  act,  shall  be  recorded.  The  names  of  the 
electors  as  registered  shall  be  numbered  under  each  division,  consecu- 
tively from  one  upwards,  and  the  date  of  registration  shall  also  be  re- 
corded. There  shall  also  be  ruled  columns  under  each  one  of  said  div- 
isions for  the  signature  of  electors  for  informants  as  to  their  qualifica- 
tion and  the  name  or  names  of  the  registration  committee;  also  a  col- 
umn with  the  heading,  "Registration  Changed  From"  and  sub-headings. 

"Election  Precinct  No ,"  and  "Register  No ," 

whereunder  in  all  cases  of  changed  registration  or  change  of  residence 
of  any  elector  shall  be  stated  the  election  precinct  and  registry  number 
of  elector's  last  registration.  There  shall  also  be  a  ruled  column  "Re- 
marks," under  which  shall  be  briefiy  noted  any  Important  Information 
affecting  the  registry  of  the  elector. 

Sec.  16.    Form  of  headings  of  registration  books. — The  headings  of 
the  registration  books  shall  be  substantially  as  follows,  viz.; 
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Sec.  18.  Duty  of  Secretary  of  State  to  prepare  form. — It  shall  be  the 
duty  of  the  Secretary  of  State  to  make  out  a  complete  form  of  registra- 
tion book,  with  the  oath  of  the  registrar  to  any  blank  and  the  requisite 
blank  column  properly  headed,  and  to  have  the  same  printed  and  send 
copies  thereof  to  the  clerk  of  each  county,  together  with  a  sufficient 
number  of  copies  of  the  registration  and  election  laws  bound  in  pam- 
phlet form. 

Sec.  19.  Duty  of  County  Commissioners  and  Clerk  to  furnish  elec- 
tion supplies. — It  shall  be  the  duty  of  the  county  commissioners  to  supply 
and  the  county  clerk  of  each  county  to  see  that  there  is  delivered  when- 
ever required  for  any  primary  or  election  for  the  use  of  the  board  of 
registry  and  judges  of  election  in  each  precinct,  all  necessary  supplies 
as  may  be  required  under  the  provisions  of  this  act  for  the  registration 
of  voters,  and  he  shall  send  them  by  mail  or  other  safe  conveyance  to 
the  member  or  members  of  the  registration  committee  authorized  to 
receive  the  same  so  as  to  be  in  their  possession  at  least  five  days  prior 
to  the  day  of  the  first  meeting  of  the  registration  committee  for  making 
any  registrations  required  by  this  act. 

Sec.  20.  County  Clerk  empowered  to  make  rules. — The  county  clerk 
shall  have  the  right  to  make  reasonable  rules  for  calling  for  the  registra- 
tion books  and  the  delivery  thereof  and  preserving  the  same  from  loss, 
mutilation  and  alteration  and  may  issue  written  instructions  to  the  va- 
rious registrars  as  to  the  method  of  entering  in  their  books  the  names 
of  electors  in  accordance  with  the  provisions  of  this  act. 

Sec.  21.  Duty  of  Registration  Committee  to  call  in  person  for  books, 
supplies,  etc. — County  Clerk  to  deliver  original  registration  book  to  com- 
mittee.— It  shall  be  the  duty  of  a  majority  of  the  registration  committee 
to  call  in  person  at  the  office  of  the  county  clerk  and  recorder  at  least 
one  day  prior  to  any  primary  or  election,  for  the  purpose  of  receiving 
the  original  books  of  registration,  which  original  book  of  registration 
shall  be  used  by  such  judges  at  their  respective  polling  places  in  comply- 
ing with  the  provisions  of  this  act,  and  no  copy  thereof  shall  be  used  for 
such  purpose  unless  the  original  has  been  lost,  destroyed  or  stolen.  On 
the  day  preceding  any  primary  or  election  the  clerk  shall  deliver  the 
original  registration  book  to  the  judge  representing  the  political  party 
entitled  to  the  minority  judge  in  such  precinct.  Said  registration  book 
shall  be  furnished  to  said  judge  in  a  sealed  envelope,  which  said  en- 
velope shall  not  be  opened  until  the  morning  of  primary  or  election  day 
at  the  precinct  in  the  presence*  of  the  judges.  The  custody  of  the  regis- 
tration book  shall  be  with  the  judge  of  election  in  each  precinct  to  whom 
it  was  delivered  by  the  county  clerk. 

Sec.  22.  Boundaries  of  election  precincts — Registration  Committee 
for  new  precincts — Limit  of  electors  in  one  precinct — County  Clerk  to 
transfer  names  of  registered  electors  in  new  precincts.— a.  The  bound- 
aries of  election  precincts  in  cities  for  city  elections  shall  be  co-extensive 
with  those  in  such  cities  for  county  elections;  and  they  shall  not  be 
changed  nor  shall  any  new  election  precinct  or  precincts  be  created, 
within  the  limits  of  any  city,  or  city  and  county  with  a  population  ex- 
ceeding two  thousand  within  less  than  three  months  prior  to  any  city, 
county  or  state  election;  and  whenever  such  boundaries  shall  be  changed, 
or  a  new  election  precinct  or  precincts  be  created,  as  provided  by  law, 
within  ten  days  after  the  creation  of  such  new  precinct  or  changes  of 
such  boundaries,  it  shall  be  the  duty  of  the  person  charged  with  such 
duties  under  this  act  to  forthwith  proceed  in  accordance  with  the  direc- 
tions and  provisions  of  this  act,  to  appoint  a  registration  committee  for 
such  new  or  changed  precincts.  The  officers  charged  by  law  with  such 
duty  shall  whenever  necessary,  as  herein  provided,  create  election  pre- 
cincts or  alter  or  divide  any  existing  election  precincts  in  any  city, 
county,  or  city  and  county,  in  such  manner  that  each  election  precinct 
shall  as  near  as  possible  contain  not  more  than  Five  hundred  (500)  reg- 
istered votes. 


ELECTION  LAWS  l()i 

b.  In  case  any  new  election  precinct  shall  be  formed,  or  in  case  of 
the  division  of  any  voting  precinct,  the  names  of  all  voters  residing  in 
that  part  of  any  precinct  detached  shall  be  forthwith  stricken  by  the 
county  clerk  from  the  registration  list  of  such  precinct,  and  shall  be  by 
him  inserted  in  the  registration  list  of  the  new  precinct  or  the  precinct 
of  which  such  part  may  have  been  attached,  at  least  ten  days  prior  to 
the  ensuing  primary  or  to  the  fourth  Tuesday  preceding  the  day  of  elec- 
tion, as  the  case  may  be. 

Sec.  23.  Officers  in  charge  of  city  elections — Duties  of  City  Clerk — 
Notices. — a.  In  city  elections  all  matters  relating  thereto  and  required  to 
be  done  hereunder  shall  be  performed  by  the  city  officers  as  now  pro- 
vided by  law,  and  the  city  clerk  shall  perform  all  of  the  duties  required 
of  the  county  clerk  except  the  appointment  of  the  registration  committee 
and  judges  of  election,  and  the  custody,  preparation,  delivery  and  purg- 
ing of  the  registration  books,  and  corrected  list  of  names  and  addresses, 
and  registration  of  electors,  which  shall  be  done  by  the  county  clerk. 
The  board  of  county  commissioners  of  any  county  wherein  is  situated 
any  city  other  than  the  county  seat  having  a  population  of  five  thousand 
or  more  inhabitants  shall,  provide  a  suitable  place  in  such  city  for  the 
registration  of  electors  therein  for  the  primary  and  ensuing  election. 
The  county  clerk  shall,  by  advertisement  in  a  daily  newspaper  of  general 
circulation  in  such  city,  give  notice  daily  for  ten  days  prior  to  the  begin- 
ning of  registration  to  the  effect  that  registration  will  be  had  in  such 
city,  giving  the  times  and  place,  and  such  other  information  as  is  requis- 
ite to  inform  the  electors  of  such  registration.  He  shall  likewise  cause 
printed  notices  to  be  posted  on  the  outside  of  the  place  where  such  regis- 
tration is  to  be  conducted  at  least  ten  days  prior  to  the  beginning  thereof, 
giving  a  like  notice  to  the  electors  of  such  city.  It  shall  be  the  duty  of 
the  county  clerk  to  appoint  a  deputy  or  deputies  to  register  the  electors 
of  such  city  as  electors  are  registered  before  the  county  clerk.  Said 
deputy  or  deputies  shall  on  the  first  and  third  day  preceding  any  election 
or  primary  sit  at  the  place  designated  between  the  hours  of  7  a.  m.  and 
9  p.  m.  for  the  purpose  of  such  registration.  They  shall  take  with  thenx 
the  original  books  of  registration  for  the  precincts  included  within  such 
city  and  sit  at  the  place  provided  by  the  county  commissioners  for  such 
registration  during  the  times  registration  is  provided  for  at  the  county 
seat  before  the  county  clerk  and  proceed  to  register  the  voters  of  the 
various  precincts  of  such  cities,  who  shall  appear  before  them  in  person 
and  comply  with  the  provisions  of  this  act  respecting  registration  before 
the  county  clerk.  Changes  of  registration  may  be  made  before  such 
deputy  clerks  in  the  same  manner  as  is  provided  for  before  the  county 
clerk.  The  original  books  of  registration  shall,  at  such  times  as 
they  are  not  required  for  registration  or  change  of  registration  in  such 
city,  be  returned  to  and  kept  in  the  office  of  the  County  Clerk. 

b.  In  all  cities,  cities  and  counties,  operating  under  Article  XX  of 
the  Constitution,  when  the  charter  thereof  prescribed  what  officers  shall 
perform  the  acts  and  duties  required  to  be  done  and  performed  by  this 
act,  such  charter  provisions  shall  prevail,  otherwise  this  act  shall 
govern. 

c.  All  acts  and  things  required  to  be  done  by  the  county  chairman 
shall,  In  city  elections,  if  there  be  a  city  chairman  of  the  political  parties 
participating  in  such  elections,  be  performed  by  such  city  chairman,  ex- 
cept the  filing  of  the  original  lists  with  the  county  clerk  for  the  selec- 
tion of  the  registration  committee.  The  members  of  the  city  commit- 
tee of  such  parties  participating  In  such  elections  shall  perform  the 
acts  and  duties  required  of  the  county  committee,  if  there  be  a  city  com^ 
mlttee  as  distinct  from  the  county  committee  representing  such  organi- 
zations In  any  such  city  elections.  In  all  respects  this  act  shall  be  fol- 
lowed and  Its  purposes  and  intentions  observed  in  city  elections. 

All  expenses  Incurred  by  the  county  in  the  mattQit  of  city  elections 
shall  be  paid  by  the  city  to  the  county. 

Sec.  24.  Special  elections — Those  who  may  not  act  as  registrars  In 
special  elections. — In  any  special  election  for  the  gubmission  of  public 


102  ELECTION  LAWS 

questions  or  the  issue  of  bonds  or  the  granting  or  refusal  of  or  concern- 
ing public  franchises  only,  the  registration  shall  be  made  as  provided 
in  this  act  for  general  elections,  and  the  time  for  such  registration  and 
performance  of  other  acts  shall  be  a  like  time  before  such  election,  and 
in  every  other  respect  such  election  shall  be  in  conformity  v^^ith  this  act, 
as  far  as  practicable.  Any  special  elections  shall  be  called  in  sufficient 
time  before  the  date  thereof,  as  to  permit  such  registrars  to  comply  with 
the  provisions  of  this  act. 

b.  No  person  in  the  employ  of  or  owning  any  stock,  bonds  or 
securities  of  any  public  utility  corporation  seeking  a  public  franchise 
at  any  election  shall  be  permitted  to  act  as  a  registrar,  judge,  clerk  or 
election  official  at  any  such  election. 

Sec.  25.  Existing  poll  and  registration  books  to  be  turned  over  to 
county  clerks — New  registration  under  this  act — County  Clerk  to  publish 
notice  of  new  registration — Registration  to  be  completed  ten  days  before 
election. — Immediately  after  the  passage  of  this  act  persons  having  the 
custody  of  the  poll  and  registration  books  used  at  the  preceding  election 
shall  deliver  the  same  to  the  County  Clerk,  who  shall  thereupon  proceed 
to  make  up  a  registration  list  by  precincts.  Said  list  shall  be  made  up 
by  registering  in  books  provided  for  that  purpose  all  persons  who  are 
shown  in  the  poll  lists  to  have  voted  at  tiie  preceding  election.  If  in  any 
precinct  the  registration  and  poll  lists  are  not  available,  the  clerk  shall, 
beginning  with  the  15th  day  after  the  passage  of  this  act,  and  continuing 
down  to  within  three  days  of  the  next  ensuing  primary,  or  as  the  case 
may  be,  within  ten  days  of  the  time  when  the  registration  books  are  to 
be  delivered  to  the  registration  committee  for  the  completion  of  regis- 
tration, as  provided  in  Section  7  hereof,  register  at  his  office  at  any  time 
during  regular  office  hours  the  names  of  all  qualified  electors  who  shall 
appear  in  person  and  comply  with  the  provisions  of  this  act  with  respect 
to  registrations  before  the  registration  committee.  Also  the  names  of 
all  qualified  electors  who  shall  be  properly  vouched  for  in  accordance 
with  the  provisions  of  Section  8.  Beginning  with  the  11th  day  after  the 
passage  of  this  act,  the  County  Clerk  shall  give  ten  (10)  days'  notice  by 
advertising  in  a  daily  newspaper  of  general  circulation  of  each  city  of  the 
precincts  of  which  he  has  not  received  the  registration  and  poll  books, 
that  he  will  register  voters  of  such  precincts  at  his  office  in  order  to  make 
up  the  first  registration  under  this  act,  stating  the  time  during  which 
registration  shall  continue,  and  that  he  will  also  during  said  time  register 
any  electors  of  other  precincts  who  did  not  vote  at  the  preceding  elec- 
tion. The  Clerk  shall,  in  accordance  with  Section  7,  deliver  duly  verified 
copies  of  said  registration  books  to  the  registration  committee,  who  shall 
proceed  to  complete  the  registration  as  provided  in  Section  8.  Such  regis- 
tration shall  be  finally  completed  and  corrected  ten  (10)  days  prior  to 
the  ensuing  election,  as  provided  herein,  and  the  registration  used  at  the 
first  election  helu  hereunder. 

Sec.  26.  Temporary  registration  committees  to  perform  duties  at 
elections  held  within  sixty  days  after  passage  of  this  act. — In  all  cities 
and  in  any  city  and  county  in  which  any  election  held  more  than  sixty 
(60)  days  after  the  passage  of  this  act,  whether  general  or  special,  may 
be  held  for  county  or  city  offices,  or  for  the  issuing  of  bonds,  or  for  the 
granting  of  public  franchises,  or  the  voting  upon  any  public  question,  or 
other  matter,  within  the  provisions  of  this  act  prior  to  the  appointment 
of  the  permanent  registration  committees  provided  for  herein,  there  shall 
be  temporary  registration  committees  appointed  to  carry  out  the  pro- 
visions of  this  act.  Such  temporary  registration  committee  shall  be  ap- 
pointed as  far  as  practicable  in  the  same  manner  as  the  registration  com- 
mittees provided  for  by  this  act,  having  all  the  rights,  duties  and  powers 
of  such  registration  committees,  and  making  the  registration  of  voters 
under  the  provisions  of  this  act,  for  any  such  election,  in  the  manner 
provided  by  this  act;  Provided,  that  the  time  of  appointment  of  such 
committee  shall  be  forty-five  days  before  any  such  election,  Provided, 
also,  that  In  submitting  names  for  members  of  the  registration  commit- 


ELECTION  LAWS  103 

tee  by  the  county  chairman  to  the  county  clerk,  as  provided  herein,  he 
shall  not  be  required  to  obtain  the  same  from  the  precinct  committee- 
man, and  the  time  of  performance  of  all  acts  and  duties  of  such  tempor- 
ary registration  committee  shall  be  a  like  time  before  such  election  as 
herein  provided  to  be  performed  by  the  registration  committee  before 
any  other  election. 

1.  The  right  of  the  elector  to  be  safeguarded  in  the  exercise  of  his 
franchise — a  right  conferred  by  the  sovereign  authority  of  the  state — 
carries  with  it  the  corresponding  duty,  on  the  part  of  the  state,  to  furnish 
all  needed  protection.  This  is  of  public  concern;  therefore,  even  municipal 
elections  are  within  the  provisions  of  Sections  3c,  26,  of  the  act  of  May  30, 
1911.   regulating-  elections. —  (570). 

2.  The  judgment  of  the  district  court  awarding  mandamus  to  the  elec- 
tion commission  of  Denver,  requiring  them  to  appoint  temporary  registration 
committees  for  the  municipal  election  then  approaching,  from  lists  furnished 
by  the  chairman  of  the  two  political  parties  having  cast  the  highest  number 
of  votes  for  governor  at  the  last  preceding  general  election,  as  required  by 
the  act  of  May  30,  A.  D.  1911  (Laws  1911,  c.  127)  affirmed— (563,  571).  Albert 
E.   Mauff  vs.   People,   52   Colo.,   562. 

Sec.  27.  Fees  of  County  Clerk  for  registration  work — Compensation 
of  registration  Committee  and  clerks — Registration  committee  may  em- 
ploy clerks  to  assist — Compensation  of  otiier  election  officers. — a.  The 
county  clerk  of  each  county  shall  be  authorized  to  receive  from  the 
county  the  sum  of  five  cents  for  each  registration  by  him  made,  for 
each  change  of  registration  made  on  the  application  of  any  qualified  elec- 
tor in  pursuance  of  the  provisions  of  this  act,  for  each  name  by  him 
stricken  from  the  registration,  for  each  notice  issued  and  mailed  under 
the  provisions  of  this  act,  and  for  each  name  copied  by  him  on  the  regis- 
tration books  furnished  to  the  registration  committee. 

b.  Each  member  of  the  registration  committee  provided  for  in  this 
act  shall  receive  a  compensation  for  his  services,  to  be  paid  in  the  man- 
ner and  in  accordance  with  the  laws  providing  for  the  payment  of  elec- 
tion judges  or  similar  election  officials  the  sum  of  five  dollars  ($5.00)  per 
day  for  not  to  exceed  two  days  actually  served  for  registration,  and  the 
sum  of  five  dollars  ($5.00)  for  acting  as  judge  of  any  election.  Clerks 
of  election  shall  receive  the  same  compensation  as  provided  herein  for 
judges  of  election. 

c.  The  registration  committee  is  hereby  authorized  to  employ  a  clerk 
or  clerical  assistance  if  necessary,  to  make  copies  of  the  names  and  ad- 
dresses herein  provided  for,  at  not  to  exceed  the  sum  of  ten  dollars 
($10.00)  for  each  precinct  for  such  copies  of  the  names  and  addresses  of 
registered  voters,  as  are  provided  for  by  this  act,  or  the  registration 
committee  may  make  such  copies  and  receive  such  compensation.  Such 
committee,  or  any  two  members  thereof,  are  authorized  to  sign  a  certi- 
ficate certifying  that  any  person  'named  by  them  in  the  certificate  has 
performed  such  clerical  services,  stating  the  amount  of  compensation  to 
be  allowed  to  said  clerk  to  be  paid  as  election  judge  or  other  election 
officials  are  paid. 

d.  The  compensation  for  any  election  officer,  not  herein  provided 
for,  shall  be  as  now  provided  by  the  laws  of  this  State. 

Sec.  28.  Oaths  and  affirmations  to  be  preserved  by  County  Clerk- 
Records  to  be  preserved — Certified  copies  of  records  by  Clerk. — The 
oaths  or  affirmations  provided  for  by  this  act  shall  be  preserved  by  the 
county  clerk  with  the  books  and  papers  of  each  precinct  respectively, 
until  a  new  registration  committee  is  appointed  as  provided  by  this  act. 
The  old  registration  books,  records,  affidavits  or  other  papers  shall  not 
be  destroyed  until  after  the  next  general  election.  Such  registration 
committee,  clerks  and  electors,  by  their  signatures,  in  the  place  pro- 
vided in  this  act,  in  said  registration  books,  shall  be  conclusively 
deemed  in  law  to  have  duly  verified  the  registration  or  change  thereof  of 
any  elector,  respecting  whom  such  registration  or  change  was  made,  in 
substance,  manner  and  form  as  aforesaid,  and  shall  for  false  attestation, 
swearing  or  certifying,  be  subject  to  the  penalties  prescribed  in  this  act. 


104  ELECTION  LAWS 

Said  registration  books,  certificates,  oaths,  statement  or  certified  copies 
of  the  same  by  the  county  clerk,  or  the  certified  copy  of  entries  therein 
by  such  clerk,  shall  be  admissible  in  evidence  as  proof  of  the  taking  of 
said  oath  or  afiirmation  in  all  criminal  proceedings  for  the  punishment  of 
false  attestations,  swearing,  wrongful  registration,  certifying,  signing  or 
issuing  of  any  paper  or  statement  provided  by  this  act.  Upon  request  of 
any  registered  elector,  it  shall  be  the  duty  of  the  county  clerk  to  make  out 
and  deliver  to  such  elector  a  certificate  of  the  registration  of  such  elector, 
setting  forth  the  fact  of  such  registration,  including  the  date,  description 
and  other  information  recorded  in  connection  with  the  registration  of 
such  elector,  which  certificate  shall  be  attested  by  the  hand  of  the  county 
clerk  and  the  seal  of  the  county.  The  county  clerk  shall  be  allowed  a 
fee  of  five  cents  for  each  of  such  certificates,  to  be  paid  by  the  applicant. 
Registration  books  shall  be  left  in  the  custody  of  the  county  clerk,  who 
shall  be  responsible  therefor,  except  when  in  actual  use  by  the  registra- 
tion committee  or  judges  of  election  in  the  performance  of  their  duties. 
The  masculine  pronoun  used  in  this  act  shall  also  include  the  feminine. 

Sec.  29.  Clerks  to  be  of  opposite  political  faith — Who  may  appoint. — 
Each  of  the  two  political  parties  casting  the  largest  vote  for  Governor 
at  the  last  preceding  election,  shall  be  entitled  to  a  clerk  in  each  pre- 
cinct at  each  primary  and  election,  who  shall  be  appointed  by  the  judges 
of  the  party  entitled  thereto. 

Sec.  30.  i-'arty  chairman  may  appoint  watchers — Alternates — Who 
may  be  present  during  casting  and  counting  of  votes. — a.  The  chairman 
of  each  political  party  may  name  a  watcher  at  the  registration  in  any  pre- 
cinct. Watchers  or  challengers  shall  be  electors  of  the  precincts  in  which 
they  act.  Bach  challenger  or  watcher  shall  have  the  right  at  any  time 
to  appoint  an  alternate  to  take  his  place,  with  all  the  rights  and  duties 
of  such  watcher  or  challenger,  to  act  during  such  time  as  such  watcher 
or  challenger  may  be  absent,  and  not  to  exceed  two  persons  designated 
by  any  watcher  or  challenger  may  remain  in  or  about  the  polling  place 
during  the  counting  of  the  vote  and  certifying  the  returns;  and  it  shall 
be  the  duty  of  the  judges  of  such  precinct  to  protect  such  watchers  and 
challengers  or  their  alternates  or  representatives  in  all  the  rights  guar- 
anteed them  by  the  statutes  of  this  State. 

b.  In  all  primaries,  the  party  committeeman  of  each  party,  of  any 
precinct,  may  represent  his  party  at  the  polling  place  during  the  casting 
and  canvass  of  the  vote  at  a  primary,  or  he  may  appoint  an  agent,  or 
the  chairman  of  each  party  may  designate  a  member  of  his  committee 
or  other  person  for  such  purpose.  Any  candidate  for  a  nomination  on 
the  ticket  of  any  political  party  nominating  candidates  at  the  primary 
shall  be  entitled  to  act  as  challenger,  or  watcher  during  such  primary 
and  the  canvass  of  the  vote  thereof. 

Sec.  31.  Settlement  of  controversies,  how  effected — Supreme  Court 
may  review  and  adjudicate. — Whenever  any  controversy  shall  arise  be- 
tween any  oflicial  charged  with  any  duty  or  function  under  this  act,  and 
any  candidate,  or  the  officers  or  representatives  of  any  political  party  or 
persons  who  have  made  nominations,  upon  the  filing  of  a  petition  in  the 
District  or  County  Court  by  any  such  oflicial  or  persons,  setting  forth  in 
concise  form  the  nature  of  such  controversy  and  the  relief  sought,  which 
petition  shall  be  under  oath,  it  shall  be  the  duty  of  such  court,  or  the 
judges  thereof  in  vacation,  to  issue  an  order  commanding  the  respondent 
in  such  petition  to  be  and  appear  before  the  court  or  judge,  and  answer 
under  oath  to  such  petition;  and  it  shall  be  the  duty  of  the  court  or 
judge  to  summarily  hear  and  dispose  of  any  such  issues  with  a  view  of 
obtaining  a  substantial  compliance  with  the  provisions  of  this  act,  by 
the  parties  to  such  controversy,  and  to  make  and  enter  orders  and  judg- 
ments, and  issue  the  writ  of  process  of  such  court  to  enforce  all  such 
orders  and  judgments.  The  provisions  of  this  act  shall  be  liberally  con- 
strued, so  as  to  carry  out  the  intent  of  this  act,  and  of  political  parties, 
nominees,  and  others  in  proceedings  under  this  act.  Such  proceedings 
may  be  reviewed  and  finally  adjudicated  by  the  Supreme  Court  of  the 


ELECTION  LAWS  105 

State,  if  application  to  such  court  is  made  within  three  days  after  the 
termination  thereof  by  the  Court  in  which  the  petition  was  filed,  if  the 
Supreme  Court  shall  be  willing  to  assume  jurisdiction  of  the  case. 

Sec.  32.  All  elections  included  In  act. — References  to  elections  of 
any  character  in  the  penal  sections  herein  shall  be  deemed  to  include  all 
elections  of  any  character  whatsoever. 

Sec.  33.  Penalty  for  violations  of  this  act. — Any  person  who  shall 
violate  any  of  the  provisions  of  this  act  or  in  any  manner  interfere  with 
or  Impede  the  due  and  proper  carrying  out  of  the  same,  whether  by  act 
of  commission  or  by  failure  to  perform  any  act  or  duty  imposed  or  re- 
quired for  the  proper  administration  of  this  act,  or  who  shall  knowingly 
permit  or  encourage  another  so  to  do,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
($25.00)  dollars,  nor  more  than  one  thousand  ($1,000.00)  dollars,  or  shall 
be  imprisoned  in  the  county  jail  not  less  than  one  month  nor  more  than 
one  year,  or  any  such  person  may  be  punished  by  both  such  fine  and  im- 
prisonment. 

Sec.  34.  District  Attorney  to  investigate  and  prosecute  charges. — 
Upon  the  making  and  filing  of  an  affidavit  with  the  District  Attorney  to 
the  effect  that  any  member  of  the  registration  committee,  or  any  other 
person  or  persons,  have  violated  any  of  the  provisions  of  this  act,  in 
which  affidavit  the  nature  of  such  violation  and  the  fact  with  reference 
thereto  shall  be  stated,  it  shall  be  the  duty  of  the  District  Attorney  to 
forthwith  investigate,  and  if  reasonable  grounds  appear  therefor,  prose- 
cute the  same. 

Sec.  35.  perjury. — Any  person  who  shall  falsely  and  corruptly  make 
any  oath  provided  for  by  this  act  shall  be  deemed  guilty  of  perjury  and 
punished  accordingly. 

Sec.  36.  Irregularities  not  to  constitute  a  defense. — Irregularities  or 
defects  in  the  mode  of  calling,  giving  notice  of,  convening,  holding  or 
conducting  any  primary  election  authorized  by  law  shall  constitute  no 
defense  to  a  prosecution  for  a  violation  of  this  act.  When  an  offense 
shall  be  committed  in  relation  to  any  primary  or  other  election,  an  indict- 
ment, information  or  complaint  for  such  offense  shall  be  sufficient,  if  it 
allege  that  such  primary  or  election  was  authorized  by  law,  without 
stating  the  call  or  notice  of  primary  or  election  aforesaid,  the  names  of 
the  judges  or  clerks  holding  such  primary  or  election,  or  the  names  of 
the  persons  voted  for  at  such  election.  Judicial  notice  shall  be  taken 
of  the  holding  of  any  primary  or  election. 

Sec.  37.  Attorney  General  may  file  and  prosecute  complaints. — The 
Attorney  Greneral  of  the  State  shall  have  equal  power  with  District 
Attorneys  to  file  and  prosecute  informations  or  complaints  against  any 
person  for  violating  any  provisions  of  this  act  or  any  election  law  of  this 
State. 

Sec.  38.  Funds  collected  paid  to  County  Treasurer. — All  funds  col- 
lected under  the  provisions  of  this  act  shall  be  paid  to  the  County  Treas- 
urer of  the  county  wherein  the  offense  was  committed  for  the  benefit  of 
the  school  fund  of  such  county. 

Sec.  39.  Act  to  apply  only  to  cities  of  greater  than  five  thousand 
inhabitants — Compensation  of  registrars  and  clerks. — Section  1  to  38, 
hereof,  both  inclusive,  shall  apply  only  to  election  precincts  included 
within  the  limits  of  cities  with  a  greater  population  than  five  thousand 
inhabitants;  Provided,  That  whenever  any  special  election  is  held  in  any 
city  of  one  hundred  thousand  inhabitants,  or  over,  within  six  months  of 
any  other  election  at  which  a  precinct  registration  has  been  had,  regis- 
tration of  qualified  electors  for  said  election  shall  be  made  by  appearing 
in  person,  only  at  the  office  of  the  city  or  county  clerk,  or  at  the  office  of 


106  ELECTION  LAWS 

such  officer  or  officers  provided  for  the  control  and  regulation  of  elec- 
tion or  registration  in  any  such  city,  beginning  on  the  fourth  Thursday 
before  said  election  and  continuing  every  day  thereafter,  excepting  Sun- 
days and  legal  holidays,  to  and  including  the  tenth  day  before  said  elec- 
tion; said  registration  to  take  place  on  said  days  between  the  hours  of 
8  a.  m.  and  6  p.  m.  In  all  other  elections  in  this  State  the  registration 
of  electors  for  general  or  primary  elections  shall  be  made  as  now  pro- 
vided by  law  for  general  elections,  and  the  penalties  provided 
for  violation  thereof  shall  apply  to  the  registration  of  electors  for  pri- 
mary elections.  The  registration  board  in  the  last  mentioned  class  of 
election  precincts  shall  sit  for  the  registration  of  electors  on  the  Tues- 
day one  week  before  the  primary  election,  and  on  the  day  before  the 
primary  election,  and  also  said  board  shall  sit  for  registration  of  electors 
on  the  Tuesday  two  weeks  before  the  general  election,  and  on  the  Mon- 
day next  before  the  general  election,  and  said  board  shall  sit  for  the 
purpose  of  registering  electors  on  the  four  days  above  mentioned,  and 
no  other  days  whatsoever,  and  the  hours  of  registration  on  these  four 
days  shall  be  from  7  a.  m.  to  7  p.  m.  of  each  of  said  four  days,  which 
registration  shall  apply  for  both  the  primary  and  the  general  election. 
The  pay  of  such  registrars  and  clerks  for  services  at  primary  registra- 
tions and  elections  shall  be  as  now  provided  by  law  for  general  regis- 
trations and  elections.     [L.  '13,  p.  265,  §1,  amending  L.  '11,  p.  369,  §39.] 

In  connection  with   the   above   section   see  also   Section   2167. 

Sec.  40.  Act  to  be  construed  liberally. — This  act  shall  be  liberally 
construed,  so  that  all  legally  qualified  electors  m^ay  be  registered,  and 
that  those  who  are  not  legal  electors  may  be  kept  from  such  registration 
lists,  and  that  fraud  and  corruption  in  elections  may  be  prevented,  and 
these  purposes  shall  not  be  defeated  by  any  informality  or  failure  to  com- 
ply with  the  provisions  of  this  act  as  to  any  notice  required  by  this  act. 

Sec.  41.  Repealing  clause. — All  acts  and  parts  of  acts  inconsistent 
with  this  act  are  hereby  repealed.  [L.  '11,  pages  336-369,  inclusive,  §§1 
to  41,  inclusive.] 

F.     JUDGES  AND  CI^ERKS. 

Section  Section. 

2217.  Appointment     of    Judges     and       2223.     Judges   may  administer   oatlis 

clerks.  to  each  other  and  clerks. 

2218.  Appointment     of    Judges     and        2224.     Vacancy    in    board,   how    filled. 

cierKs.  2225.     Voters     elect     judge,     when — 

2219.  Clerks        of        election  —  How  Powers   of. 

chosen.  2226.  Pees  of  election  ofl^icers. 

2220.  Judges — Term  of  office — Oath.  2227.  Fees   of  judges   and   clerks   of 

2221.  Oath  of  judges,  how  taken.  election. 

2222.  Oath    of   Judges    and    clerks —  2228.  Fees  of  board  of  registry. 

Form. 

2217.  Appointment  of  judges  and  clerks  of  election. — Judges  and 
clerks  of  election  shall  be  appointed  for  each  election  precinct  in  the 
manner  following:  In  all  counties  of  class  "A"  and  of  the  first  and  sec- 
ond classes  according  to  the  classification  of  counties,  made  for  the 
purpose  of  fees,  during  the  first  week  of  the  session  of  the  board  of 
county  commissioners  for  each  such  county  in  the  state,  which  com- 
mences on  the  first  Monday  of  October  in  each  year,  and  in  all  other 
counties,  according  to  such  classification,  during  the  first  week  of  the 
session  of  the  board  for  each  such  county  which  commences  on  the 
first  Monday  of  July  of  each  year,  they  shall  appoint  three  qualified 
electors,  two  of  whom  shall  be  of  opposite  political  parties,  to  act  as 
judges  of  election  in  each  election  precinct,  at  all  general  and  special 
elections,  until  their  successors  are  appointed.  On  or  before  the  last 
days  of  September  and  June  respectively  in  each  year,  such  political 
parties  may  each  file  with  the  clerk  of  the  board  of  county  commissioners 
a  list,  designating  six  or  more  persons  in  each  election  precinct  in  such 
coujity,  together  with  their  residence  and  occupations,  which  list  shall  be 


ELECTION  LAWS  107 

subscribed  by  the  chairman  or  secretary  of  the  county  organization  of 
such  political  party,  and  an  affidavit  shall  be  added  thereto,  subscribed 
by  the  said  chairman  or  secretary  stating  that  he  is  such  officer,  or  act- 
ing officer,  duly  appointed,  and  with  authority  to  file  such  list  on  behalf 
of  such  party;  that  the  names  submitted  are  names  of  qualified 
electors  of  such  precincts,  respectively;  that,  according  to  the 
best  knowledge  and  belief  of  such  affiant,  each  of  such  persons  named 
in  such  list  is  a  creditable  and  trustworthy  person;  and  the  county  com- 
missioners shall  appoint  one  of  such  persons  in  each  precinct  so  recom- 
mended in  each  of  said  lists,  as  election  judge.  Whenever  all  or  any 
of  the  political  parties  so  entitled  shall  fail  to  file  such  list  or  lists,  or 
whenever  such  list  or  lists  when  filed  shall  be  incomplete,  all  such 
ommissions  shall  be  supplied  and  persons  selected  by  the  board  of 
commissioners.  Vacancies  in  the  office  of  judge  of  election  shall  be 
filled  as  now  provided  by  law.  Clerks  of  election  shall  be  selected  as 
now  provided  by  law.  If  any  board  of  commissioners  shall  fail  to  com- 
ply with  the  provisions  of  this  section,  each  and  every  member  thereof 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not 
less  than  ten  nor  more  than  one  hundred  dollars  for  every  offense,  and 
the  neglect  and  failure  to  designate  any  one  judge  properly  suggested 
in  accordance  herewith,  shall  be  a  separate  offense.  In  case  of  a  conflict 
arising  before  such  board,  owing  to  different  persons  claiming  the  right 
to  certify  such  list  for  any  political  party,  the  board  shall  have  authority 
to  decide  between  such  lists;  Provided,  That  they  shall  select  only  names 
included  in  a  sworn  list,  as  above  mentioned;  And,  provided,  furthevt 
That  any  person  making  a  false  statement  in  any  such  affidavit  shall  be 
guilty  of  perjury  and  punished  as  provided  by  law.  The  officers  of  all 
cities  and  towns,  whether  incorporated  under  general  law  or  special 
charter,  who  may  be  by  law  authorized  to  appoint  judges  of  election  for 
any  election  therein,  shall  in  liKe  manner,  upon  like  application,  appoint 
the  election  judges  for  each  precinct  from  different  political  parties  in 
the  manner  aforesaid.  Any  such  officer  failing  to  comply  with  this  pro- 
vision shall  be  guilty  of  a  misdemeanor,  punishable  as  in  the  cases  of 
county  commissioners.     [L.  '91,  p.  154,  §23.] 

2218.  Appointment  of  judges  and  clerks  of  election. — At  the  sev- 
eral times  designated  by  statute  for  the  appointment  of  judges  and 
clerks  of  election,  the  county  commissioners  of  each  county  shall  appoint 
three  qualified  electors,  bona  fide  residents  of  the  election  precinct  or 
district,  to  act  as  judges  of  election  in  each  district  or  precinct  in  such 
county,  two  (2)  at  least  of  whom  may  be  members  of  opposite  political 
parties.  Vacancies  in  the  office  of  judge  of  election  shall  be  filled  by 
the  board  of  county  commissioners,  unless  such  vacancy  occur  within 
three  days  prior  to  the  day  of  the  general  election,  when  such  vacancy 
may  be  filled  by  the  electors  present,  as  now  provided  by  law;  Provided, 
That  no  one  who  is  the  employer,  agent,  superintendent,  manager  or  boss 
of  a  number  of  employes,  or  any  company,  corporation,  or  person,  carry- 
ing on  mining  or  manufacturing,  or  railroad  operations  in  any  precinct, 
shall  be  appointed  a  judge  or  clerk  of  election;  Provided,  also,  That  the 
clerks  of  election  shall  be  each  a  bona  fide  member  of  a  different  political 
party  from  that  to  which  his  associate  belongs.     [L».  '01,  p.  171,  §1.] 

[See  also  section  22^17.] 
[See  note,  section  2269.] 

2219.  Clerks  of  election — How  chosen. — The  said  judges  of  election 
shall  choose  two  persons,  having  similar  qualifications  with  themselves, 
to  act  as  clerks  of  the  election;  and  the  said  clerks  of  election  may  con- 
tinue to  act  as  such  during  the  pleasure  of  the  judges  of  the  election. 
[G.  S.,  §1174;  G.  L.,  §950.] 

2220.  Judges — Term  of  office — Oath. — All  judges  of  election  shall, 
on  being  appointed,  hold  their  office  for  one  (1)  year,  or  until  their  suc- 
cessors are  appointed,  and  shall  serve  at  all  special  elections  during 
their  term  of  office,  and  they  shall  severally  before  entering  upon  theil 


108  ELECTION  LAWS 

duties  as  judges  at  any  el€Ction  take  and  subscribe  the  oath  prescribed 
by  law  in  such  cases.     [G.  S.,  §1272;  G.  L.,  §1048.] 

1.  Under  the  statutes  of  the  case  in  question,  the  board  of  trustees  of 
the  town  have  no  authority  to  appoint  judges  of  election  upon  the  question 
of  annexation.     Phillips  vs.  Corbin,   8  Colo.,  App.  346,   521. 

2221.  Oath  of  judges — How  taken. — Efvery  judge  of  election  or 
other  person  serving  on  such  board  of  registry  shall,  before  entering 
upon  the  duties  of  his  office,  take  an  oath  to  be  administered  by  any 
justice  of  the  peace  or  other  officer  present  having  power  to  administer 
oaths,  faithfully  to  discharge  the  duties  of  registrar  according  to  law  and 
to  the  best  of  his  skill  and  ability.  If  no  such  officer  shall  be  present 
the  oath  may  be  administered  by  one  judge  or  registrar  to  another. 
[G.  S.,  §1264;  G.  L.,  §1040.] 

2222.  Oath  of  judges  and  clerks — Fornn. — Previous  to  any  votes  be- 
ing taken  the  judges  and  clerks  of  election  shall  severally  take  an  oath  or 
affirmation  in  the  following  form,  to  wit:  "I,  A.  B.,  do  solemnly  swear 
(or  affirm)  that  I  will  perform  the  duties  of  judge  (or  clerk,  as  the  case 
may  be)  according  to  law,  and  the  best  of  my  ability;  that  I  will  stu- 
diously endeavor  to  prevent  fraud,  deceit  and  abuse  in  conducting  the 
same,  and  that  I  will  not  try  to  ascertain,  nor  will  I  disclose  how  any 
elector  voted,  if,  in  the  discharge  of  my  duties  as  judge  (or  clerk,  as  the 
case  may  be)  knowledge  shall  come  to  me  as  to  how  any  elector  shall 
have  voted,  unless  called  upon  to  disclose  the  same  before  some  court 
of  justice."     [G.  S.,  §1176;  G.  L.,  §952.] 

[Judges  or  others  acting  in  registering  must  first  be  sworn,  section  2169.] 

2223.  Judges  may  administer  oaths  to  each  other  and  to  clerks. — 
In  cas€  there  shall  be  no  judge,  justice  of  the  peace,  or  other  person 
qualified  by  law  to  administer  an  oath,  present  at  the  opening  of  the 
election,  to  administer  the  oath  mentioned  in  the  preceding  section,  it 
shall  be  lawful  for  the  judges  of  election,  and  they  are  hereby  empowered 
to  administer  the  oaths  or  affirmations  to  each  other,  and  to  the  clerks 
of  the  election,  and  the  person  administering  such  oaths  or  affirmations 
shall  cause  an  entry  thereof  to  be  made  and  subscribed  by  him,  and 
prefixed  to  the  poll  books.     [G.  S.,  §1177;  G.  L.,  §953.] 

2224.  Vacancy  in  board,  how  filled. — In  cases  of  vacancy  in  the 
office  of  judge  of  election,  or  in  the  board  of  registry,  at  any  time  when 
they  meet  according  to  law,  the  vacancy  may  be  filled  by  the  election, 
by  the  qualified  electors  then  present,  of  a  qualified  elector  to  serve  as 
a  member  of  such  board  of  registry  until  the  appearance  of  a  judge  of 
election  duly  appointed  in  and  for  such  ward  or  precinct.  [G.  S.,  §1263; 
G.  L.,  §1039.] 

2225.  Voters  elect  Judge,  when — Powers  of. — If  any  person  ap- 
pointed to  act  as  a  judge  of  the  election  as  aforesaid  shall  neglect  or 
refuse  to  be  sworn  or  affirmed,  or  to  act  in  such  capacity,  the  place  of 
such  person  shall  be  filled  by  the  votes  of  such  qualified  voters  residing 
within  the  precinct  as  may  then  be  present  at  the  place  of  election,  and 
the  person  or  persons  so  elected  to  fill  such  vacancy  or  vacancies  shall 
be  and  are  hereby  vested  with  the  same  power  as  if  appointed  by  the 
board  of  county  commissioners.     [G.  S.,  §1175;  G.  L.,  §951.] 

2226.  Judges  and  clerks — compensation. — All  judges  and  clerks  of 
election  and  necessary  messengers,  carrying  election  returns  to  the 
clerk  of  the  county  or  election  commissioners  in  cities  of  the  first  class 
and  in  cities  of  over  20,000  inhabitants  operating  under  special  charters 
where  the  pay  of  the  same  is  not  specified  in  such  charters  and  outside  of 
such  cities  in  all  counties  where  the  County  commissioners  at  a  regular 
meeting  so  elect  shall  be  paid  at  the  rate  of  $5.00  per  day  of  twelve  hours 
or  fractional  part  thereof  over  six  hours  for  time  actually  and  neces- 
sarily spent  in   the  discharge  of  election   duties,   the   compensation   so 


ELECTION  LAWS  109 

received  not  to  exceed  $10.00  in  any  case.  Messengers  shall  be  paid 
10  cents  per  mile  for  each  mile  necessarily  traveled  in  going  to  and  re- 
turning from  the  offices  of  the  County  Clerk  or  election  commission  as 
the  case  may  be.  Immediately  after  the  work  of  said  judges,  clerk  and 
messengers  shall  be  completed  said  judges  shall  certify  to  the  county 
clerk  the  time  each  judge  and  clerk  was  employed,  the  miles  traveled  by 
each  messenger  and  the  compensation  properly  receivable  therefor  and 
thereupon  the  County  Clerk  or  Election  Commission  shall  make  out  his 
or  its  certificate  stating  the  compensation  to  be  allowed  each  judge, 
clerk  and  messenger  and  lay  the  same  before  the  board  or  officer  author- 
izea  to  pay  the  sum  so  certified  to  be  due  and  payable  and  the  same  shall 
be  by  such  board  or  officer  thereupon  ordered  paid  and  be  paid. 

In  counties  other  than  those  where  city  and  county  lines  are  identi- 
cal where  the  County  Commissioners  shall  not  at  a  regular  meeting  elect 
to  pay  the  compensation  specified  in  this  section  to  judges,  clerks  and 
messengers  such  compensation  shall  be  so  provided  in  Section  2227  of 
the  Revised  Statutes  of  1908.     [.  '11,  p.  334,  §1.] 

[For  compensation  of  judges  and  clerks  in  cities  and  in  the  City  and 
County  of  Denver,  see  Sections  1  and  2,  act  of  1919,  below.] 

2227.  Fees  of  judges  and  clerks  of  election. — The  fees  of  judges  and 
clerks  of  election  shall  be  as  follows:  Each  judge  and  clerk  of  elections 
shall  be  allowed  two  dollars  and  fifty  cents  ($2.50)  per  day  for  each 
day's  service  as  such  judge  or  clerk,  to  be  paid  out  of  the  county  treas- 
ury. E5ach  messenger  carrying  election  returns  to  the  clerk  of  said 
county  shall  be  entitled  to  the  same  per  diem  as  the  judges  and  clerks, 
and  ten  (10)  cents  per  mile  for  the  distance  necessarily  traveled  in  going 
to  and  returning  from  the  office  of  said  county  clerk.  [G-.  S.,  §1422;  G.  L., 
§1167.] 

2228.  Fees  of  board  of  registry. — The  members  of  said  board  of 
registry  shall  receive  the  same  compensation  as  allowed  by  law  to  judges 
of  elections,  for  every  day  actually  employed  in  the  making  and  com- 
pleting of  the  registry.     [G.  S.,  §1265;  G.  L.,  §1041.] 

Section  1.  Judges  and  clerks — Compensation. — That  in  all  cities,  or 
cities  and  counties  in  this  state,  judges  and  clerks  of  election  shall  be  paid 
for  their  services  as  follows:  In  precincts  where  there  are  no  counting 
judges,  the  judges  and  clerks  of  election  shall  each  be  paid  the  sum  of 
ten  dollars  ($10.00)  for  all  services  performed  by  them  as  such  judges 
and  clerks.  In  precincts  wherein  both  receiving  and  counting  judges 
are  authorized  by,  and  act  in  accordance  with  law,  the  receiving  judges 
and  clerks  shall  each  be  paid  the  sum  of  five  dollars  ($5.00),  and  the 
counting  judges  and  clerks  the  sum  of  ten  dollars  ($10.00)  each  for 
services  at  such  elections.    [L.  1919,  p.  404.] 

Sec.  2.  In  precincts  where  there  is  one  ballot  box,  the  judges  of 
election  shall  select  one  judge  and  one  clerk  of  opposite  political  faith, 
and  in  precincts  where  there  are  two  or  more  ballot  boxes  said  judges 
shall  select  from  the  judges  and  clerks  three  (3)  persons,  two  (2)  of 
whom  shall  be  of  opposite  political  faith,  to  deliver  the  returns  and  ballot 
boxes  in  accordance  with  law,  and  each  of  the  persons  so  selected  who 
shall  deliver  or  assist  in  delivering  the  ballot  boxes  and  election  returns 
in  accordance  with  law,  shall  be  paid  for  the  performance  of  such  service 
the  sum  of  two  dollars  and  fifty  cents  ($2.50).     [U  1919,  p.  404.] 

APPOINTMENT  OF  JUDGES— COUNTING  JUDGES. 

Section  1.  Judges — By  whom  appointed — Receiving  and  counting 
judges — No  counting  judges  at  primary. — The  board  of  county  commis- 
sioners where  the  appointing  of  judges  of  election  rests  with  the  county 
commissioners,  the  election  commission  in  the  City  and  County  of  Den- 
ver, and  the  clerk  and  recorder  of  the  county  where  the  appointment  of 
judges  of  election  devolves  upon  said  oflacer,  or  other  authority  charged 
with  the  appointment  of  election  judges  shall,  in  all  precincts  where  at 


110  ELECTION  LAWS 

the  last  preceding  general  election  there  were  cast  200  or  more  votes, 
appoint  three  judges  of  election  to  superintend  the  casting  of  the  ballots 
at  the  next  ensuing  general  election  to  be  known  as  receiving  judges 
and  three  judges  to  canvass  and  make  returns  of  the  ballots  cast  at  said 
election  to  be  known  as  counting  judges; 

Provided,  That  nothing  in  this  act  contained  shall  require  or  permit 
the  appointment  of  counting  judges  for  primary  elections.  [L.  '15,  p. 
225;  amending  L.  '13.] 

Sec.  2.  Appointed  as  provided  by  law. — In  all  precincts  not  pro- 
vided for  in  Section  1  of  this  Act,  judges  of  election  shall  be  appointed  in 
the  same  manner  and  the  same  number  as  now  provided  by  law.  [L.. 
'13.  p.  2G0.] 

Sec.  3.  Appointed  from  two  political  parties. — The  judges  of  elec- 
tion as  provided  for  in  section  1  of  this  act  shall  be  appointed  as  now 
provided  by  law  from  the  two  political  parties  casting  the  highest  and 
next  highest  number  of  votes  at  the  last  general  election,  the  number  of 
votes  cast  for  each  party  to  be  determined  by  the  average  number  of 
votes  cast  for  Governor,  Lieutenant  Grovernor,  Treasurer,  Auditor,  Sec- 
retary of  State,  Attorney  General  and  Superintendent  of  Schools.  [L. 
'15,  p.  226,  amending  L.  '13.] 

Sec.  4.  Board  of  Registration. — The  receiving  judges  shall  be  the 
Board  of  Registration  as  now  provided  by  law  and  shall  meet  at  the  same 
time  and  organize  as  now  required  by  law.     [L.  '13,  p.  260.] 

Sec.  5.  Counting  judges  meet — Clerks — Vacancies. — The  counting 
judges  shall  meet  at  the  voting  place  at  8:00  o'clock  a.  m.  on  the  day  of 
election  and  organize  and  select  two  clerks  in  the  same  manner  and 
under  the  same  regulations  as  now  required  by  law,  for  organization  and 
selection  of  clerks  by  judges  of  election,  and  vacancies  in  the  board  ot 
counting  judges  shall  be  filled  as  now  provided  by  law  where  vacancies 
exist  in  boards  of  election  judges.     [L.  '15,  p.  226,  amending  L.  '13.] 

Sec.  6.  Ballot  boxes. — The  Board  of  County  Commissioners  in  all 
counties,  except  Denver  county  and  the  Election  Commission  in  the  City 
and  County  of  Denver,  shall  provide  the  judges  of  election  with  two  bal- 
lot boxes,  where  two  sets  of  judges  are  appointed.     [L.  '13,  p.  260.] 

Sec.  7.  Counting  ballots. — ^At  8:00  o'clock  a.  m.  or  as  soon  there- 
after as  the  counting  judges  may  apply  for  the  same,  the  receiving  judges 
shall  deliver  to  said  counting  judges  the  ballot  box  containing  all  ballots 
that  have  been  cast  up  to  that  time,  and  said  receiving  judges  shall 
then .  proceed  to  use  the  other  ballot  box  furnished  for  that  purpose. 
Wlhenever  the  counting  judges  have  canvassed  the  votes  in  a  ballot  box, 
they  shall  return  the  empty  ballot  box  to  the  receiving  judges  and  ex- 
change for  the  box  containing  ballots  cast  since  taking  possession  of  the 
first  ballot  box,  they  shall  continue  to  exchange  ballot  boxes,  in  the  same 
manner  during  the  day  until  the  polls  are  closed,  and  all  ballots  have 
been  counted,  they  shall  then  certify  to  the  casting  of  ballots  and  the 
returns  as  now  provided  by  law.  The  receiving  judges  shall  certify  to 
all  matters  pertaining  to  casting  of  ballots,  and  the  counting  judges  shall 
certify  to  all  matters  pertaining  to  the  canvass  and  counting  of  votes. 
[L.  '13,  p.  261.] 

Sec.  8.  Checking  votes  In  ballot  boxes. — Whenever  such  exchange  of 
ballot  boxes  is  made  as  described  in  Section  seven  of  this  Act  the  receiv- 
ing judges  shall  furnish  to  the  counting  judges  a  statement  signed  by 
the  three  receiving  judges  showing  the  number  of  ballots  that  are  to  be 
found  in  each  ballot  box  as  indicated  by  the  poll  lists.  The  counting 
judges  shall  first  count  the  number  of  ballots  in  each  box.  If  the  bal- 
lots shall  be  found  to  exceed  the  number  entered  on  each  of  the  poll 
lists  as  shown  by  said  statement  of  the  receiving  judges,  the  counting 
judges  shall  then  examine  the  official  endorsements  upon  the  outside  of 
the  ballots  without  opening  the  same,  and  if,  in  the  unanimous  opinion 


ELECTION  LAWS  111 

of  the  judges,  any  one  or  more  of  the  ballots  in  excess  of  the  number 
on  the  poll  lists  be  deemed  not  to  bear  the  proper  official  endorsement 
they  shall  be  kept  separate  and  a  separate  record  and  return  of  the 
votes  in  such  ballots  shall  be  made  under  the  head  of  "excess  ballots." 
The  counting  judges  shall  then  proceed  to  count  as  under  existing  laws, 
[b.  '13,  p.  261.] 

Sec.  9.  Watchers  of  count — Oath  of  judges  and  watchers — Divulging 
count  misdemeanor. — Watchers  may  be  appointed  to  be  present  and 
watch  the  counting  of  ballots  as  now  provided  by  law.  Such  counting 
judges  and  their  clerks  and  watchers  must  in  addition  to  the  oath  now 
prescribed  for  judges,  clerks  and  watchers  take  an  oath  administered  by 
one  of  the  said  counting  judges,  who  are  hereby  empowered  to  administer 
oaths  that  they  will  not  in  any  manner  make  known  to  any  one  the 
result  of  the  votes  as  they  are  being  counted  until  the  polls  have  closed , 
Provided,  That  all  other  persons  shall  be  excluded  from  the  place  where 
such  counting  and  canvassing  is  being  carried  on  until  the  close  of  the 
polls.  And  any  such  judge,  clerk  or  watcher  violating  any  of  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor  and,  upon  conviction 
thereof  shall  be  liable  to  a  fine  of  not  more  than  $500  or  by  imprisonment 
in  the  county  jail  of  not  more  than  six  months,  or  by  both  said  fine  and 
imprisonment,  and  any  person  so  convicted  shall  be  disfranchised  for 
five  years  thereafter.     [L.  '15,  p.  226,  amending  L.  '13.] 

Sec.  10.  Separate  room  for  counting  judges. — The  County  Commis- 
sioners or  Eleetion  Commission  may  provide  a  separate  room  or  build- 
ing for  the  judges  of  election  appointed  to  canvass  the  returns.  The 
County  Commissioners  or  Election  Commission  may  provide  a  separate 
room  or  building  for  the  counting  judges,  but  whenever  ballot  boxes  are 
moved  from  one  room  or  building  to  another  they  shall  be  under  the 
constant  observation  of  at  least  one  of  said  counting  judges.  [L.  '13, 
p.  262.] 

a.     FOI^I^INa  PIPAGES  AND  BAI^I^OT  BOXES. 

Section  Section 

2229.  County    commissioners    estab-       2232.     County      commissioners      pro- 

lish     precincts     and     polling  vide  ballot  boxes — How  kept 

places.  — Keys 

2230.  Judges     may    change     polling       2233.     Polling    places    and    compart- 

places — When.  ments. 

2231.  Proclamation     and     notice     of       2234.     Cards  of  instruction. 

change  of  polling  place. 

2229.  County  commissioners  establish  precincts  and  polling  places. — 
County  Commissioners  of  the  several  counties  in  this  state  are  hereby  re- 
quired to  divide  their  respective  counties  into  as  many  election  pre- 
cincts for  all  general  and  special  elections  as  they  may  deem  expedient 
for  the  convenience  of  voters  of  said  county,  and  shall  designate  the 
house  or  place  in  each  precinct  or  ward  at  which  elections  are  to  be 
holden,  and  the  precincts  and  places  of  holding  elections  thus  established 
shall  so  remain  until  changed  by  the  board  of  commissioners;  Provided, 
That  the  board  of  county  commissioners  shall  establish  at  least  one  elec- 
tion precinct  for  every  five  hundred  registered  voters,  as  shown  by  the 
registry  list  of  the  respective  counties  at  the  last  general  election,  and 
shall  every  year,  if  necessary,  increase  the  number  of  election  precincts 
as  the  number  of  registered  voters  shall  be  increased  on  said  registry 
list,  so  that  at  least  one  election  precinct  for  every  three  hundred 
registered  voters  may  be  constituted;  And,  provided,  That  it  shall  be 
the  duty  of  the  county  commissioners  at  any  time  to  change  any  place 
of  holding  elections  upon  a  petition  of  a  majority  of  the  voters  residing 
within  said  precinct;  And,  provided,  further.  That  the  precincts  and 
wards  established,  and  the  places  designated  in  which  to  hold  elections 
at  the  time  of  the  taking  effect  of  this  act,  shall  so  remain  until  changed; 
And,  provided,  further.  That  no  new  precincts  shall  be  established,  or 
polling  places  changed  at  a  later  date  than  thirty  days  previous  to  any 
election.  [G.  S.,  §1171;  L.  '83,  p.  182,  §1;  amending  G.  L.,  §947.] 
[See  also  sections  2283  and  2345.] 


112  ELECTION  LAWS 

2230.  Judges  may  change  polling  place— When.— Whenever  it  shall 
become  impossible  or  inconvenient  to  hold  an  election  at  the  place  des- 
ignated therefor,  the  judges  of  election,  after  having  assembled  at  or  as 
near  as  practicable  to  such  place,  and  before  receiving  any  vote,  may 
adjourn  to  the  nearest  convenient  place  for  holding  the  election,  and  at 
such  adjourned  place  forthwith  proceed  with  the  election.  [G.  S.,  §1178; 
G.  L.,  §954.] 

2231.  Proclamation  and  notice  of  change  of  polling  place. — Upon 
adjourning  any  election,  as  provided  in  the  preceding  section,  the  judges 
shall  cause  proclamation  thereof  to  be  made,  and  shall  station  a  con- 
stable or  some  other  proper  person  at  the  place  where  the  adjournment 
was  made  from  to  notify  all  electors  arriving  at  such  place  of  adjourn- 
ment and  place  to  which  it  was  made.    [G.  S.,  §1179;  G.  L.,  §955.] 

2232.  County  commissioners  provide  ballot  boxes — How  Kept — Keys. 
— The  county  commissioners  of  each  county  shall  provide  a  ballot  box 
at  the  expense  of  the  county  for  each  place  of  voting,  which  box  shall 
be  made  of  glass,  to  be  kept  by  the  county  clerk  and  recorder  of  each 
county  and  by  them  delivered  over  to  their  successors  in  office.  Each 
of  said  ballot  boxes  shall  be  circular  in  form,  with  a  small  opening  at 
the  top  thereof,  and  enclosed. in  a  square  wooden  frame  with  a  lid,  to 
be  fastened  by  three  locks,  no  two  of  which  can  be  opened  by  the  same 
key;  one  of  said  keys  shall  be  kept  by  each  of  the  judges  of  the  election 
last  appointed,  to  be  by  them  delivered  to  their  successors  in  office. 
Should  either  of  said  judges  die  or  remove  from  their  precinct,  meantime, 
tne  key  held  by  them  shall  be  surrendered  to  the  county  clerk  and  re- 
corder, to  be  by  him  kept  and  delivered  to  the  successor  of  such  judge 
of  election.  The  said  ballot  boxes  shall  be  by  the  clerk  and  recorder  of 
the  respective  counties  delivered  to  the  judges  of  election  within  three 
days  Immediately  preceding  any  general  or  special  election,  to  be  by 
him  used  and  returned  as  hereinafter  provided.  [G.  S.,  §1173;  L.  '83,  p. 
183,  §2,  amending  G.  L.,  §949.] 

2233.  Polling  places  and  compartments. — All  officers  upon  whom  is 
Imposed  by  law  the  duty  of  designating  polling  places,  shall  provide  in 
each  polling  place  designated  by  them,  a  sufficient  number  of  voting 
booths,  or  compartments,  which  shall  be  furnished  with  such  supplies 
and  conveniences,  including  shelves,  pens,  penholders,  ink  and  blotting 
paper,  as  will  enable  the  voter  to  prepare  his  ballot  for  voting;  and  in 
which  voters  may  prepare  their  ballots  screened  from  observation,  as 
to  the  manner  in  which  they  do  so;  and  a  guard  rail  shall  be  so  con- 
structed and  placed  that  only  such  persons  as  are  inside  such  rail  can 
approach  within  six  feet  of  the  ballot  box  and  of  such  voting  booths  and 
compartments.  The  arrangement  shall  be  such  that  the  voting  booth  or 
compartment  can  only  be  reached  by  passing  within  such  guard  rail. 
And  both  they  and  the  ballot  boxes  shall  be  in  plain  view  of  the  elec- 
tion officers  and  of  those  outside  the  guard  rail.  Each  booth  or  com- 
partment shall  be  at  least  three  feet  square,  and  shall  contain  a  shelf, 
which  shall  be  at  least  one  foot  wide,  extending  across  one  side  of  the 
booth  or  compartment  at  a  convenient  height  for  writing,  and  shall  be 
so  arranged  that  the  voter  can  prepare  his  ballot  screened  from  ob- 
servation. No  person  other  than  the  election  officers  and  the  watchers 
provided  by  law,  and  those  admitted  for  the  purpose  of  voting,  as  here- 
inafter provided,  shall  be  permitted  within  such  guard  rail,  except  by 
authority  of  the  judges  of  election,  and  then  only  when  necessary  to 
keep  order  and  enforce  the  law.  The  number  of  such  voting  booths  or 
compartments  shall  not  be  less  than  one  for  every  fifty  voters  who 
voted  at  the  last  election  in  the  district.  The  officers  who  are  charged 
with  the  duty  of  providing  voting  booths  or  compartments  shall  also 
furnish  for  each  polling  place  in  their  respective  towns  and  cities,  a 
ballot  box,  which  shall  be  large  enough  to  properly  receive  and  hold  the 


ELECTION  LAWS 


113 


ballots  to  be  cast  for  candidates  for  offices,  in  conformity  with  the  pro- 
visions of  this  act.  The  expense  thereof  shall  in  all  cases  be  a  public 
charge,  to  be  provided  for  in  the  same  manner  as  other  election  expenses. 
At  the  times  novs^  prescribed  by  law,  and  in  each  year  hereafter,  the 
officers  charged  by  law  with  the  division  or  alteration  of  the  election 
precincts  shall  alter  or  divide  the  existing  election  precincts,  whenever 
necessary,  in  such  manner  that  each  election  precinct  shall  contain  not 
more  than  two  hundred  and  fifty  voters.    [L.  '91,  p.  155,  §24.] 

1.     This  section  referred  to  in  People  vs.  News-Times  Publishing  Com- 
pany,   35   Colo.,   253,    293. 


A,  A,  A — Guard  Rail,  so  con- 
structed as  to  prevent  any  one, 
excepting  election  officers,  watch- 
ers and  voters  while  voting,  from 
approaching  within  six  (6)  feet  of 
the  ballot  box  and  voting  booths. 

B — Gate,  for  entrance  to  and 
exit  from  railed  space,  should  be 
situated  in  railing  near  election 
officers. 

C — Voting  Booths,  at  least  three 
feet  square,  so  arranged  that  not 
only  the  1>allot  of  the  voter,  while 
being  prepared  by  him,  but  the 
voter  Mmself  may  be  screened 
from  observation. 

D — Shelf  in  each  voting  booth, 
not  less  than  one  foot  wide,  of 
height  and  arrangement  so  voter 
can   conveniently   prepare   ballot. 

E — Ballot  Box  on  table,  which 
box  must  be  at  least  six  (6)  feet 
inside  of  guard  rail. 

Remarks — This  arrangement  of 
voting  booths  and  railing  may 
be  varied  to  suit  the  room  or 
place  in  which  the  election  is 
held,  provided  always  that  the 
booths  and  ballot  box  are  always 
at  least  six  feet  from  the  guard 
rail  and  the  booths  are  so  ar- 
ranged as  not  to  be  reached  with- 
out going  within  the  guard  rail, 
and  to  enable  the  voter  to  pre- 
pare his  ballot  screened  from  ob- 
servation. 


1 

3   feet. 

D 

1     c 

D 

1     c 

CO 

D 

3    feet. 

E 

• 

D 

1     c 

a 

D 

1     c 

~3   feet. 

w 

Not  less  thi 
6  feet. 

Not 

less 

than 

6  feet. 

A                                A 

'^y 

2234.  Cards  of  instruction. — The  county  clerk  of  each  county,  or 
the  city  or  town  clerk,  as  the  case  may  be,  charged  with  the  duty  of 
providing  ballots,  shall  cause  to  be  printed  and  furnished  as  herein  pro- 
vided, in  large  type,  on  cards  in  English,  and  in  such  other  languages  as 
he  or  they  may  deem  necessary,  instructions  for  the  guidance  of  voters 
in  preparing  their  ballots.  Twelve  such  cards  so  printed  in  all  the 
languages  determined  upon  shall  be  furnished  to  the  judges  of  election 
in  each  election  precinct,  at  the  same  time  and  in  the  same  manner  as 
the  printed  ballots.  The  election  judges  shall  post  not  less  than  one  of 
such  cards  in  each  place  or  compartment  provided  for  the  preparation  of 
ballots,  and  not  less  than  three  of  such  cards  elsewhere  in  and  about  the 
polling  place  upon  the  day  of  election.  Such  cards  shall  be  printed  in 
large,  clear  type,  and  shall  contain  full  instructions  to  the  voters  as  to 
what  should  be  done;  (1)  to  obtain  ballots  for  voting;  (2)  to  prepare  the 
ballots  for  deposit  in  the  ballot  box;  (3)  to  obtain  a  new  ballot  in  the 
place  of  one  spoiled  by  accident  or  mistake;  (4)  to  obtain  assistance  in 
marking  ballots.    [I..  '91,  p.  161,  §30.] 


114  ELECTION  LAWS 

K.     FORM,    PREPARATION    AND    DISTRIBUTION    OF    BAI.I.OTS. 

Section  Section 

2235.  Form   of   ballot.  2240.     Correction    of    errors    in    bal- 

2236.  Ballot    shall    not    contain    em-  lots — Proceedings      in      case 

blem   —  Straight    and  of   controversy, 

scratched    ballots.  2241.     Preparation  of  ballots. 

2237.  Black       corner       on       ballot —       2242.     Number   of  ballots  'to   be   pro- 

Judges    number    ballots.  vided, 

2238.  Failure    of   official    to    number       2243,     Distribution   of   ballots. 

ballots — Penalty.  2244.     Substitute   ballots. 

2239.  Penalty  for  omitting   to  print       2245.     Ballots     printed     and      distri- 

black  corner.  buted  at  public  expense. 

2235.  Form  of  ballot. — Every  ballot,  intended  for  the  use  of  voters, 
shall  contain  the  names  of  all  candidates  for  offices  to  be  balloted  for 
at  that  election,  whose  nominations  have  been  duly  made  and  accepted 
as  herein  provided,  and  who  have  not  died  or  withdrawn,  and  shall  con- 
tain no  other  names  of  persons  except  that,  in  case  of  electors  for  presi- 
dent and  vice-president  of  the  United  States,  the  names  of  the  candidates 
for  president  and  vice-president  shall  be  added  to  the  party  or  political 
designation;  the  name  of  each  person  nominated  shall  be  printed  upon 
the  ballot  in  but  one  place,  but  there  shall  be  Ridded  opposite  to  the 
name  of  each  person  nominated  the  party  or  parties  or  political  designa- 
tion, expressing  in  not  more  than  three  words  for  one  party,  as  specified 
m  each  of  the  certificates  of  nomination  nominating  him  for  the  office. 
The  names  of  thj  candidates  for  each  office  shall  be  arranged  under  the 
designation  of  the  oflfice,  in  alphabetical  order,  according  to  surnames, 
except  that  the  names  of  the  candidates  for  the  ofllces  of  electors  of 
president  and  vice-president  of  the  United  States  shall  be  arranged  in 
groups,  as  presented  in  the  several  certificates  of  nomination.  There 
shall  be  left  at  the  end  of  the  list  of  candidates  for  each  different  office  as 
many  blank  spaces  as  there  are  persons  to  be  elected  to  such  office,  in 
which  the  elector  may  write  the  name  of  any  person  not  printed  on  the 
ballot  for  whom  he  desires  to  vote  as  a  candidate  for  such  office.  When- 
ever the  approval  of  a  constitutional  amendment  or  other  question  is 
submitted  to  the  vote  of  the  people,  such  questions  shall  be  printed  upon 
the  ballot  after  the  lists  of  candidates.  The  ballots  shall  be  so  printed 
as  to  give  to  each  voter  a  clear  opportunity  to  designate  by  a  cross  mark 
(X)  In  a  sufficient  margin  at  the  right  of  the  name  of  each  candidate, 
his  choice  of  candidates  and  his  answer  to  the  questions  submitted,  and 
on  the  ballot  may  be  printed  such  words  as  will  aid  the  voter  to  do  this, 
as  "Vote  for  one,"  "Vote  for  three,"  "If  you  have  not  voted  a  straight 
ticket  above,  place  a  cross  mark  (X)  with  ink  opposite  each  name  you 
wish  to  vote  for  in  the  blank  space  left  for  that  purpose,"  and  the  like. 
It  shall  be  lawful  to  designate  the  political  party  or  nominating  com- 
mittee by  which  each  list  of  candidates  is  nominated,  by  an  appropriate 
emblem  or  design,  such  as  a  flag,  eagle,  rooster  or  other  device,  as  may 
be  set  forth  in  the  certificate  of  nomination;  Provided,  No  two  sets  of 
nominations  shall  use  or  have  the  same  device,  and  each  political  party 
or  nominating  committee  shall  have  the  prior  right  to  use  the  device 
used  by  it  at  the  last  similar  election  When  any  political  party  or 
nominating  committee  in  its  certificate  of  nomination  certifies  any  such 
emblem  or  device,  the  name  or  title  of  such  party  or  nominating  com- 
mittee (in  not  more  than  three  words),  together  with  such  emblem,  or 
device,  opposite  thereto,  shall  be  placed  in  a  line  at  the  top  of  the  bal- 
lot with  a  blank  square  opposite  thereto,  in  which  a  cross  mark  may  be 
placed  by  the  voter:  All  such  party  designations  and  emblems  so  certified 
shall  be  placed  in  parallel  lines,  one  under  another,  on  the  top  part  of  the 
ballot,  above  the  list  of  candidates.  Proper  words  of  instruction  shall  also 
be  inserted,  such  as  these:  "To  vote  a  straight  ticket,  place  a  cross 
mark  (X)  with  ink  in  the  square  opposite  your  party  emblem."  It  shall 
be  lawful  for  a  voter  to  make  a  cross  mark  in  any  such  square  following 
any  such  party  name  and  emblem,  and  such  mark  shall  indicate  and  be 
counted  as  a  vote  for  each  and  every  candidate  on  the  ballot  nominated 
by  the  party  or  committee  after  whose  name  and  emblem  the  mark  is 
80  placed.    The  extreme  top  part  of  each  ballot,  above  the  portion  which 


ELECTION  LAVTS  115 

contains  the  names  of  the  candidates  to  he  voted  for,  and  the  party  and 
committee  names  and  emblems,  shall  be  divided  by  two  perforated  lines, 
into  two  spaces,  each  of  which  shall  be  not  less  than  an  inch  in  width, 
the  top  portion  being  known  as  the  stub,  and  the  next  portion  as  the 
duplicate  stub;  upon  each  of  said  stubs  nothing  shall  be  printed  except 
the  number  of  the  ballot,  and  the  same  number  shall  be  printed  up  on  both 
stubs.  Stubs  and  duplicate  stubs  of  ballots  shall  both  be  numbered 
consecutively  by  numbers  thereon.  All  ballots  shall  be  uniform  and  of 
sufficient  length  and  width  to  allow  for  the  names  of  candidates  and 
officers  to  be  printed  in  clear,  plain  type,  as  herein  required,  with  a  space 
of  at  least  one-half  inch  between  the  different  columns  on  said  ballot. 
On  the  back  of  each  ballot  shall  be  printed,  in  capital  letters,  in  two 
lines,  pica  gothic,  or  type  not  smaller  in  size,  the  endorsement,  "Official 

ballot  for ,"  and  after  the  word  "for"  shall  follow 

the  designation  of  the  election  precinct  or  political  division,  for  which 
the  ballot  is  prepared,  and  the  date  of  the  election,  and  a  fac  simile 
of  the  signature  of  the  clerk  who  has  caused  the  ballot  to  be  printed. 
The  ballot  shall  contain  no  caption,  or  other  endorsement,  except  as  in 
this  section  provided.  Each  county,  city  or  town  clerk  shall  use  precisely 
the  same  quality  and  tint  of  paper  and  kind  of  type,  and  quality  and 
tint  of  plain  black  ink  for  all  ballots  furnished  by  him  at  one  election. 
Whenever  candidates  are  to  be  voted  for  only  by  the  voters  of  a  particu- 
lar district,  county,  city,  town  or  other  political  division,  the  names  of 
such  candidates  shall  not  be  printed  on  any  other  ballot  than  those  pro- 
vided for  use  in  such  district,  county,  city,  town  or  political  division  re- 
spectively. The  ballots  shall  be  of  such  form,  and  the  endorsements 
thereon  so  printed,  that  they  may  be  folded  in  such  a  way  that  when  so 
folded  the  whole  endorsement  shall  be  visible,  and  the  contents  of  the 
ballot  shall  not  be  exposed.  There  shall  be  but  one  ballot  box  at  each 
polling  place  for  receiving  ballots  cast  for  candidates  for  office.  [L.  '94, 
p.  61,  §2;  amending  L.  '91,  p.  151,  §18.] 

[Section  2235  must  be  considered  with  section  2236.  See  Headless  Ballot 
Act.] 

1.  A  ballot  cast  by  a  qualified  elector,  at  an  election  held  according  to 
law,  and  at  the  time  and  place  provided  by  law,  should  be  counted  if,  there- 
from, the  intent  of  the  voter  can  be  ascertained  with  reasonable  certainty, 
unless  this  is  forbidden  by  some  positive  provision  of  the  statute.  Baldwin 
vs.   Wade,   50   Colo.,    109. 

2.  In  the  official  ballot  of  a  municipal  election  the  name  of  Baldwin 
was  printed  as  a  candidate  for  mayor.  Below  this,  and  in  the  same  space, 
the  voter  wrote  the  name  of  Wade.  In  the  space  left  for  this  purpose,  he 
placed  a  cross,  the  intersection  of  names  of  three  persons  for  whom  he 
desired  to  vote  as  trustees,  placing  the  name  of  the  first  of  these  in  the 
space  occupied  by  the  last  printed  name,  and  with  a  cross  at  the  right  of  it. 
Considering  that  the  voter,  if  he  desired  to  vote  for  Baldwin,  had  no  occasion 
to  insert  the  name  of  Wade,  it  was  held  that  the  ballot  must  be  counted  for 
Wade.     Baldwin  vs.  Wade,   50  Colo.,  109. 

3.  Another  voter  oblitexated  the  printed  name  of  Baldwin  with  ink, 
wrote  the  name  of  Wade  above  it,  and  placed  a  cross  at  the  right.  Held,  that 
the  ballot  should  be  counted   for  Wade.     Baldwin  vs.  Wade,    50   Colo.,    109. 

4.  Another  ballot  was  in  perfect  form,  but  the  name  of  the  person 
voted  for  and  the  cross  were  written  with  an  indelible  pencil.  Held,  that 
this  ballot  should  also  be  counted  for  Wade.     Baldwin  vs.  Wade,  50  Colo.,  109. 

5.  Under  Sections  2235.  2259  of  the  Revised  Statutes  and  Section  1  of 
the  Headless  Ballot  act  (Laws  1913,  p.  685)  the  voter  is  required  to  express 
his.  choice  by  making  an  X  in  the  space  left  for  the  purpose,  opposite  the 
name  of  the  candidate  for  whom  he  desires  to  vote.  Riley  vs.  Trainor,  57 
Colo..   155. 

6.  There  being  three  candidates  for  the  office  in  question,  sundry  voters 
wrote  in  the  spaces  left  for  this  purpose,  under  the  word  indicating  the 
office,  the  names  of  three  persons,  among  them  the  name  of  the  contestor. 
No  cross  was  set  opposite  the  contestor's  name  upon  any  of  these  ballots. 
Held,  they  were  not  to  be  counted  for  contestor.  Baldwin  vs.  Wade,  50 
Colo.,  107,  distinguished.     Riley  vs.  Trainor,  57  Colo..  155. 

7.  When  public  officers  are  entrusted  with  the  preparation  of  ballots 
and  ample  provision  is  made  for  the  correction  of  errors  before  election,  it 
is  too  late  after  they  have  been  voted,  as  a  general  rule,  to  interpose  objec- 
tions to  the  ballots  for  mere  irregularities  in  the  printing  thereof.  Allen 
vs.  Glynn,   17   Colo.,   338. 

8.  All  provisions  of  laws  relating  to  elections  are  mandatory  in  the 
sense  that  they  impose  a  duty  upon  those  who  come  within  their  terms.  It 
does  not  follow,  however,  that  an  election  should  be  invalidated  because  of 
every  departure  on  the  part  of  public  officers  from  the  terms  of  the  statute. 
Allen    vs.    Glynn,    17    Colo.,    338. 


116  ELECTION  LAWS 

9.  Where  the  law  provides  severe  penalties  against  county  clerks  for 
violation  of  its  provisions,  failure  on  the  part  of  a  clerk  to  make  proper 
publication  of  nominations,  or  error  in  printing  the  name  of  candidates  under 
the  wrong  party  device,  will  not  necessarily  invalidate  the  ballots.  Allen 
vs.    Glynn,    17    Colo.,    338. 

10.  This  section  is  referred  to  in  Schafer  vs.  Whipple,  25  Colo.,  400, 
2,  3  and  4. 

11.  If  the  county  clerk  makes  a  mistake  in  designating  a  candidate  on 
the  ballot  as  the  nominee  of  a  political  party  represented  by  an  emblem, 
and  the  opposing  candidate  having  notice  of  such  mistake  in  time  to  have 
the  mistake  corrected,  he  will  not  be  permitted  to  lie  by  and  allow  voters 
to  be  misled  thereby,  and  afterwards  take  advantage  of  such  defect  to 
defeat  the  expressed  will  of  a  majority  of  the  voters.  Dickinson  vs.  Freed, 
25  Colo.,   302. 

2236.  Ballot  shall  not  contain  emblem — Straight  and  scratched 
tickets. — From  and  after  the  passage  of  this  act  no  emblem,  device  or 
party  designation  shall  be  used  on  the  official  ballot  at  any  election  in 
this  state  by  which  a  voter  may  vote  for  more  than  one  candidate  by  plac- 
ing a  single  cross  mark  (X)  on  the  ballot;  Provided,  That  across  the 
head  of  the  ballot,  and  just  above  the  list  of  nominations,  shall  be  printed 

the  words,  "I  hereby  vote  a  straight ticket, 

except  where  I  have  marked  opposite  the  name  of  some  other  candidate," 
ana  any  voter  desiring  to  vote  a  straight  ticket  may  write  within  the 
blank  space  above  provided  for,  the  name  of  the  party  whose  ticket  he 
may  wish  to  vote,  and  any  ballot  so  cast  shall  be  counted  for  all  the 
nominees  upon  said  ticket,  except  when  the  voter  has  marked  opposite 
the  name  or  names  of  any  individual  candidate  of  some  other  party, 
which  individual  marks  opposite  such  individual  candidate  shall  count 
for  them,  and  shall  not  be  counted  for  the  candidates  for  the  same  office 
upon  the  ticket  whose  party  name  the  voter  has  so  filled  in  the  blank  at 
the  head  of  the  ticket.  In  case  there  are  two  or  more  candidates  upon 
each  ticket  for  office  bearing  the  same  name,  when  the  voter  fills  in 
the  party  name,  and  also  marks  opposite  a  particular  candidate  upon 
some  other  ticket  for  that  office,  he  shall  draw  a  line  through  the  name 
of  the  candidate  upon  the  ticket  he  has  filled  in  the  party  name  of, 
which  he  does  not  wish  counted  by  reason  of  his  having  voted  for  a  can- 
didate upon  an  opposite  ticket  for  that  office.  In  case  the  voter  marks 
opposite  the  name  of  a  candidate  where  there  is  more  than  one  candidate 
upon  each  ticket  for  offices  bearing  the  sa,me  name,  and  does  not  draw 
a  line  through  the  name  of  any  candidate  upon  the  ticket  he  has 
filled  In  the  party  name  of,  such  special  mark  opposite  the  individual 
candidate  shall  not  be  counted.     [L.  '99,  p.  177,  §1.] 

[Section  2236  must  be  considered  with  section  2235.] 

1.  This  section  is  referred  to  in  Baldwin  vs.  Wade,  50  Colo.,  112.  (See 
notes    1    to   4    inclusive   under    Section    2235. 

2.  Under  the  statute  (Revised  Statvites.  Section  2236)  neither  the  judges 
of  the  election  nor  the  courts  are  authorized  to  go  beyond  what  the  voter 
has  set  down  upon  his  ballot  to  ascertain  his  intention.  Wiley  vs.  McDowell, 
55    Colo.,    236. 

3.  It  is  not  to  be  said  that  because  different  party  organizations,  bearing 
different  names  and  ppesenting  different  tickets  were  understood  by  thei 
voters  to  mean  the  same  party,  one  voting  the  straight  ticket  to  one  of  these 
organizations,  intended  to  vote  for  a  candidate  named  in  the  ticket  of  another 
of  such  organizations,  for  an  office  for  which  no  candidate  was  named  on 
the   ballot   voted.     Wiley   vs.   McDowell,    55   Colo.,    236. 

4.  The  voter  must  substantially  observe  the  requirements  of  the  statute. 
Brom,ley    vs.   Hallock,    57    Colorado.,    148. 

5.  Where  the  voter  writes  in  the  blank  above  the  list  of  nominations, 
the  name  of  a  particular  party,  he  indicates  an  intention  to  vote  for  all  the 
candidates  of  that  party  named  upon  the  ballot,  unless,  in  the  way  provided 
by  the  statute,  he  manifests  a  different  intention,  i.  e.,  by  inserting  an  X 
opposite  the  name  of  an  opposing  candidate,  or  if  there  are  two  or  more 
candidates  for  the  same  office,  by  drawing  a  line  through  the  name  of  those, 
or  the  one,  for  whom  he  does  not  desire  to  vote.  Bromley  vs.  Hallock,  57 
Colo.,    148. 

6.  This  section  is  referred  to  in  Nicholls  ve.  Barrick.   27  Colo..  432,  436. 

2237.  Black  corner  on  ballot — Judges  number  ballots. — A  space  two 
inches  square  in  the  upper  left  hand  corner,  immediately  below  the  per- 
forated lines,  on  the  face  of  all  ballots,  used  or  to  be  used  at  any  elec- 
tion hereafter  held,  shall  be  made  black;  and  it  shall  be  the  duty  of  all 


ELECTION  LAWS  117 

election  judges  or  clerks  to  write  the  number  of  said  ballot  on  the 
opposite  side  of  said  black  square  and  turn  and  paste  down  the  corner 
thereof  in  the  manner  as  is  now  provided  by  law.     [L.  '01,  p.  170,  §1.] 

2238.  Failure  of  officials  to  number  ballots — Penalty. — Any  election 
judge  or  clerk  who  shall  wilfully  violate  the  provisions  of  this  act  shall 
be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  a  term  not  less  than 
three  months,  nor  more  than  one  year,  or  by  both  such  fine  and  im- 
prisonment.    [L.  '€1,  p.  170,  §2.] 

2239.  Penalty  for  omitting  to  print  black  corner. — Any  county  clerk 
who  shall  print  any  ballot  without  complying  with  the  provisions  of  this 
act  shall  be  guilty  of  a  misdemeanor  and  punished  accordingly.  [L.  '01, 
p.  171,  §3.] 

[This  act  comprises  sections  2237  to  2239.] 

1.     See  notes  1  to  4  and  7  to  9,  inclusive,  under  Section  2235. 

2240.  Correction  of  errors  in  ballots — Proceeding  in  case  of  contro- 
versy.— Whenever  it  shall  appear  by  afiidavit  of  a  candidate  or  his  agent 
that  an  error  or  omission  has  occurred  in  the  publication  of  the  names 
or  description  of  the  candidates  nominated  for  office,  or  in  the  printing 
of  the  sample  or  official  ballots,  the  di&trict  or  county  court,  or  a  judge 
thereof,  either  in  term  time  or  vacation,  may,  upon  petition  of  such  candi- 
date, or  his  agent,  by  order  require  the  county  clerk,  city  clerk,  or  town 
clerk  charged  with  the  duty  in  respect  to  which  an  error  or  omission  has 
occurred,  to  forthwith  correct  such  error,  or  to  forthwith  show  cause  why 
such  error  should  not  be  corrected.  Costs,  including  a  reasonable  at- 
torney's fee,  may  be  taxed,  in  the  discretion  of  such  court  or  judge, 
against  either  party.  The  county  clerk,  city  clerk,  or  town  clerk  shall 
also,  on  their  own  motion,  correct  without  delay  any  error  in  all  ballots 
which  he  or  they  may  discover,  or  which  shall  be  brought  to  his  or 
their  attention,  and  which  can  be  corrected  without  interfering  with  the 
timely  distribution  of  the  ballots  as  herein  provided.  Whenever  any 
controversy  shall  arise  between  any  official  charged  with  any  duty  or 
function  under  this  act,  and  any  candidate,  or  the  officers  or  representa- 
tives of  any  political  party,  or  persons  who  have  made  nominations, 
upon  the  filing  of  a  petition  by  any  such  official  or  persons,  setting  forth 
in  concise  form  the  nature  of  such  controversy  and  the  relief  sought, 
which  petition  shall  be  under  oath,  it  shall  be  the  duty  of  such  court, 
or  the  judge  thereof  in  vacation,  to  issue  an  order  commanding  the  re- 
spondent in  such  petition  to  be  and  appear  before  the  court  or  judge, 
and  answer  under  oath  to  such  petition;  and  it  shall  be  the  duty  of  the 
court  or  judge  to  summarily  hear  and  dispose  of  any  such  issues,  with 
a  view  of  obtaining  a  substantial  compliance  with  the  provisions  of  this 
act  by  the  parties  to  such  controversy,  and  to  make  and  enter  orders  and 
judgments,  and  issue  the  writ  or  process  of  such  court  to  enforce  all 
such  orders  and  judgments.  The  provisions  of  this  act  shall  be  liber- 
ally construed,  so  as  to  carry  out  the  intent  of  this  act,  and  of  political 
parties,  nominees  and  others  in  proceedings  under  this  act.  [L.  '94,  p.  64, 
§4;  amending  L.  '91,  p.  152,  §20.] 

1.  See  notes  1  to  4  and  7  to  9,  inclusive,  under  Section  2235. 

2.  This  section  is  referred  to  in  Smith  vs.  Harris,  18  Colo.,  274.  278. 

2241.  Preparation  of  ballots. — Except  as  in  this  act  otherwise  pro- 
vided, it  shall  be  the  duty  of  the  county  clerk  of  each  county  to  provide 
printed  ballots  for  every  election  of  public  officers  in  which  the  voters 
or  any  of  the  voters  within  the  county  participate,  and  to  cause  to  be 
printed  on  the  ballot  the  name  of  every  candidate,  whose  nomination  has 
been  certifiea  to  or  filed  with  the  county  clerk  in  the  manner  provided 
for  in  this  act.  It  shall  be  the  duty  of  the  clerk  of  any  city  or  town  to 
provide  printed  ballots  for  every  election  of  public  officers  in  which  the 
voters,  or  any  of  the  voters,  of  such  city  or  town  participate,  and  to  cause 


118  ELECTION  LAWS 

to  be  printed  on  the  ballot  the  name  of  every  candidate  whose  nomina- 
tion has  been  certified  to  or  filed  with  such  city  or  town  clerk  in  the  man- 
ner provided  for  in  this  act.  Sample  ballots  printed  upon  paper  of  a 
different  color  from  the  official  ballots,  but  in  the  form  of  those  to  be 
used  on  election  day,  each  containing  the  names  of  the  candidates  which 
are  to  be  printed  upon  the  appropriate  official  ballot,  shall  be  printed 
and  in  the  possession  of  the  county  clerk  or  other  officers  charged  with 
the  duty  of  preparing  such  ballots,  seven  days  before  the  day  of  elec- 
tion, subject  to  public  inspection.  The  official  ballots  shall  be  printed 
and  in  the  possession  of  the  county  clerk  or  city  or  town  clerk  at  least 
four  days  before  election,  and  subject,  also,  to  inspection  by  the  candi- 
dates and  their  agents.  Sample  ballots  shall  be  delivered  to  the  election 
officers  and  posted  with  the  cards  of  instruction  provided  in  section  30. 
[L.  '91,  p.  150,  §17.] 

[Section  30  above  referred  to  Is  section  2234.] 

1.  See  notes  1  to  4  and  7  to  9,  inclusive,  under  Section  2235. 

2.  This  section  referred  to  in  Allen  vs.  Glynn,  17  Colo.,  338,  355,  362;  in 
Smith  vs.  Harris,  18  Colo.,  274,  278;  in  Capps  vs.  Krier,  25  Colo.,  474,  479. 

2242.  Number  of  ballots  furnished  to  each  precinct. — The  county 
clerk  of  each  county  and  the  city  clerk  of  each  city,  and  the  town  clerk 
of  each  town  when  charged  by  this  act  with  the  duty  of  printing  and 
preparing  ballots  shall  provide  for  each  election  precinct  in  a  county, 
city  or  town  sixty-five  ballots  for  every  fifty  or  fraction  of  fifty  voters 
registered  at  tne  last  preceding  election  in  the  election  precinct.  If 
there  is  no  registry  in  the  precinct,  such  ballots  shall  be  provided  to  the 
number  of  sixty-five  of  each  kind  for  every  fifty  or  fraction  of  fifty  who 
voted  at  the  last  preceding  election  in  such  precinct.  When  a  precinct 
shall  be  divided,  or  the  boundaries  changed,  the  county  clerk  or  city 
clerk  or  town  clerk,  as  the  case  may  be,  must  ascertain  as  nearly  as 
possible  the  number  of  voters  in  the  new  precinct  or  precincts  and  pro- 
vide therefor  a  sufficient  number  of  ballots  in  the  above  proportion.  [L. 
'15,  p.  227.] 

2243.  Distribution  of  ballots. — The  county  clerks  of  the  various 
counties  of  the  state,  and  the  city  and  town  clerks,  as  the  case  may  be, 
shall  prior  to  an  election,  cause  to  be  delivered,  at  the  expense  of  the 
county,  city  or  town  to  the  election  judges  in  the  respective  precincts 
the  proper  number  of  ballots  provided  for  the  use  of  the  voters  at  such 
election  in  such  precinct.  The  same  shall  be  sent  in  two  sealed  packages 
for  each  election  precinct  in  said  county,  city  or  town,  with  the  marks 
on  the  outside  of  each,  clearly  stating  the  election  precinct  and  polling 
place  for  which  it  is  intended,  together  with  the  number  of  ballots  en- 
closed. Each  of  such  packages  shall  contain  one-half  of  the  number  of 
ballots  intended  for  such  election  precinct.  Such  packages  shall  be 
delivered  between  the  Saturday  noon  and  the  Monday  noon  before  elec- 
tion day,  one  to  each  of  the  two  judges  of  election  in  each  precinct,  who 
are  members  of  the  political  parties  which  cast  the  largest  and  next 
largest  number  of  votes  at  the  last  general  state  election.  Receipts  for 
ballots  thus  delivered  shall  be  given  by  the  election  judges  who  receive 
them,  and  filed  with  the  clerk  of  the  county,  city  or  town,  as  the  case 
may  be,  who  shall  also  keep  a  record  of  the  time  when,  and  the  manner 
in  which  each  of  said,  packages  was  sent  and  delivered.  The  several 
election  judges  receiving  such  packages  shall,  at  the  opening  of  the 
polls  on  election  day,  produce  the  same,  with  the  seals  unbroken,  in  the 
proper  polling  place,  and  shall,  in  the  presence  of  all  three  judges,  open 
the  said  packages.     [L.  '91,  p.  153,  §21.] 

2244.  Substitute  ballots. — If  the  ballots  to  be  furnished  to  any  elec- 
tion judges,  as  herein  provided,  shall  not  be  delivered  at  the  time  above 
mentioned,  or  if  after  delivery  they  shall  be  destroyed  or  stolen,  it  shall 
be  the  duty  of  the  said  clerk  of  the  county,  city  or  town  to  cause  other 
ballots  to  be  prepared,  as  nearly  in  the  form  prescribed  as  practicable, 
with  the  word  "Substitute,"  printed  in  brackets,  immediately  under  the 


ELECTION  LAWS  119 

fac  simile  signature  of  the  clerk  preparing  such  ballots,  and  upon  re- 
ceipt of  ballots  thus  prepared  from  such  clerk,  accompanied  by  a  state- 
ment under  oath  that  the  same  have  been  so  prepared  and  furnished  by 
him,  and  that  the  original  ballots  have  so  failed  to  be  received,  or  have 
been  destroyed  or  stolen,  the  election  judges  shall  cause  the  ballots  so 
substituted  to  be  used  at  the  election.  If  from  any  cause  none  of  the 
official  ballots  nor  substitute  ballots  prepared  by  the  county,  or  city  or 
town  clerk,  as  herein  prescribed,  shall  be  ready  for  distribution  at  any 
polling  place,  or  if  the  supply  of  ballots  shall  be  exhausted  before  the 
polls  are  closed,  unofficial  ballots,  printed  or  written,  made  as  nearly  as 
possible  in  the  form  of  the  official  ballots,  may  be  used  until  substitutes 
prepared  by  the  clerk,  as  provided  in  this  section,  can  be  printed  and 
delivered.     [L.  '91,  p.  153,  §22.] 

1.     This  section  is  referred  to  in  Baldwin  vs.  Wade,  50  Colo.,  109,  111. 

2245.  Ballots  printed  and  distributed  at  public  expense. — All  ballots 
cast  in  elections  for  public  officers  or  for  the  decision  of  any  question 
submitted  to  electors,  within  this  state,  shall  be  printed  and  distributed 
at  public  expense.  The  printing  of  ballots  and  cards  of  instruction  for 
the  voters  in  each  county,  and  the  delivery  of  the  same  to  the  election 
officers  as  hereinafter  provided,  shall  be  a  county  charge,  the  payment  of 
which  shall  be  provided  for  in  the  same  manner  as  the  payment  of  other 
county  expenses,  but  the  expense  of  printing  and  delivering  ballots  and 
cards  of  instruction  to  be  used  in  municipal  elections  shall  be  a  charge 
on  the  city  or  town  in  which  such  election  shall  be- held.  [L.  '91,  p.  143,  §1.] 

I.     HEADLESS  BALLOT. 

Section  1.  Form  of  ballot — No  emblem. — That  from  and  after  the 
adoption  of  this  act  no  emblem,  device  or  political  party  organization 
designation  shall  be  used  on  the  official  ballot  at  any  election,  by  which 
a  voter  may  vote  for  more  than  one  candidate  by  placing  a  single  cross- 
mark  on  the  ballot  or  by  writing  therein  any  political  party  or  organiza- 
tion name  or  other  name  or  political  designation.  The  official  printed 
paper  ballot  used  at  elections  shall  be  arranged  and  prepared  as  now 
provided  by  law,  except  across  the  head  or  top  of  the  ballot  shall  be 
printed  only  the  following  words:  "To  vote  for  a  person,  make  a  cross 
mark  (X)  in  the  square  at  the  right  of  his  name."  And  in  order  to  vote 
for  any  candidate  whose  name  appears  upon  such  ballot  the  voter  shall 
place  a  cross-mark  (X)  in  the  square  at  the  right  of  his  name. 

See  notes  5  and  6  under  Section  2235. 

Sec.  2.  Arrangement  of  voting  machines — Instructions. — If  any  bal- 
lot machine  or  other  mechanical  device  is  permitted  to  be  used  in  any 
election  precinct  at  any  election  in  place  of  the  printed  paper  ballot,  the 
arrangement  of  the  offices  and  candidates  therefor  upon  such  ballot  ma- 
chine shall  be  identical  with  such  arrangement  as  now  provided  by  law 
and  as  printed  upon  the  printed  paper  official  ballots  used  at  elections, 
and  such  voting  machine  or  mechanical  device  shall  not  be  permitted 
to  enable  the  voter  to  vote  a  straight  political  party  or  organization 
ticket  or  for  more  than  one  person  by  the  operation  of  any  one  counter, 
knob,  crank  or  movement  of  a  single  device,  but  shall  be  so  constructed, 
arranged  and  manipulated  as  to  require  the  voter  to  vote  for  each  can- 
didate for  public  office  for  whom  he  desires  to  vote  by  the  operation  by 
the  voter  of  a  single  counter,  knob,  crank  or  other  device  after  the  name 
of  each  candidate,  which  shall  be  simply  and  safely  manipulated  to  vote 
singly  for  each  of  such  candidates. 

Provided,  That  nothing  herein  shall  be  construed  to  forbid  printing 
after  the  name  of  each  candidate  the  name  of  the  political  party  upon 
whose  party  ticket  such  candidate  may  have  been  nominated  for  such 
office;  And,  provided,  further,  That  it  shall  be  the  duty  of  the  officials 
at  any  election  preparing  and  distributing  ballots  therQfqr  to  have  a 


120  ELECTION  LAWS 

brief  statement  of  instructions  printed  and  placed  at  the  head  or  across 
the  top  of  such  ballot  machine  in  plain  view  Instructing  the  voter  how 
to  manipulate  the  counters  or  knobs  separately  after  the  names  of  the 
candidates  respectively  in  order  to  vote  singly  for  such  candidates. 

Sec.  3.  Judges  assisting  voters — Perjury. — No  election  official  or  other 
person  shall  be  allowed  to  enter  any  election  booth  for  the  purpose  of  as- 
sisting the  voter  in  preparing  his  ballot,  or  for  any  other  purpose  while  the 
Dooth  is  occupied  by  a  voter,  except  in  case  of  absolute  and  total  physical 
disability  on  the  part  of  the  voter  that  makes  it  impossible  for  the  voter  to 
mark  his  ballot  or  to  operate  such  machine.  Then  and  in  that  case  the 
voter  shall  first  state  under  oath  his  physical  disability.  Said  writing 
shall  be  prepared  and  the  oath  administered  by  an  election  judge.  After 
the  total  physical  disability  has  been  stated  in  writing  and  duly  sworn 
to,  two  judges,  or  a  judge  and  clerk,  each  of  opposite  political  faith, 
shall  then  accompany  the  voter  into  the  booth  and  mark  his  ballot  or 
operate  such  machine  as  he  (the  voter)  shall  indicate.  A  notation  shall 
be  made  in  the  poll  books  opposite  the  name  of  each  voter  thus  assisted, 
stating  that  the  voter  has  been  assisted.  Said  oath  shall  be  retained  by 
the  election  oflScials  and  filed  with  their  returns  at  the  time  the  election 
returns  are  made,  and  said  oath  shall  be  held  by  the  election  officials  with 
whom  so  filed  for  the  inspection  of  any  person  during  regular  office  hours. 

Any  person  who  shall  falsely  make  oath  that  he  is  totally  physically 
disabled  as  herein  defined,  shall  be  guilty  of  perjury  and  punished  ac- 
cordingly, and  any  person  who  shall  administer  said  oath,  knowing  the 
same  to  be  false,  shall  be  guilty  of  subornation  of  perjury  and  punished 
accordingly. 

Sec.  4.  Primaries. — Nothing  herein  contained  shall  be  construed  to 
refer  to  the  method  or  methods  of  voting  at  primary  elections,  which 
nxethod  or  metnods  shall  be  as  provided  by  those  provisions  of  the  stat- 
utes of  the  state  concerning  the  method  or  methods  of  voting  at  primary 
elections. 

Sec.  5.  Penalty  for  violation. — Any  person,  firm  or  corporation  violat- 
ing any  of  the  provisions  of  this  Act  shall  be  deemed  guilty  of  a  mis- 
demeanor, except  as  otherwise  herein  provided,  and  upon  conviction 
thereof,  shall  be  subject  to  a  fine  of  not  less  than  Five  Hundred  ($500.00) 
Dollars,  or  imprisonment  in  the  county  jail  not  less  than  six  months,  or 
both. 

[L.  '13,  pp.  685-687,  adopted  by  Initiative  Petition,  Nov.  5,  1912.] 


J.     CONDUCT  or  HlMUCTIOlSfS. 

Section  Section 

2246.  Hours  of  voting.  2259.     Preparation       of       ballot       by 

2247.  Polls   Kept   open    till   evening.  voter — Manner  of  voting. 

2248.  Judges  open  ballot  box  before  2260.     Refusal    to    receive    legal   vote 

proclamation    to    open    polls.  — Penalty. 

2249.  No  vote  received  unless  name  2261.     Assistance     to     illiterate     and 

registered.  dlsaoled   voters. 

2250.  Rules  for  judges  in  admitting  2262.     Spoiled       ballots — Record       of 

votes.  vote. 

2251.  Clerks    keep    poll    list — Form.  2263.     Count  of  votes. 

2252.  Preparation  of  ballot  by   elec-  2264.     Clerk  keep  tally  lists. 

tion    officials — Watchers   and  2265.     Imperfect     or     defective     bal- 
challengers.  lots. 

2253.  Grounds   for  challenge — Ques-  2266.     Marking  imperfectly  names  of 

tions   to   challenged    voter.  candidates    voted    for. 

2254.  Oath  of  challenged   voter.  2267.     Judges'       certificate  —  Form — 

2255.  Refusal    to    answer — Vote    re-  Signatures  —  Sealing  —  Re- 

jected, turning — Penalty. 

2256.  Refusal     to     take     oath — Vote  2268.     Watchers. 

rejected.  2269.     Penalty    for    interference   with 

2257.  Clerks   write    "Sworn"   on    poll  watcher. 

book.  2270.     Judges   designate  and   appoint 
2268.     Duty  of  judge  to  challenge.  constables. 

2271.     Fees     of     constables — Special 
constables. 


ELECTION  LAWS  121 

2246.  Hours  of  voting. — At  all  elections  held  under  this  act,  the  polls 

shall  be  opened  at  seven  o'clock  in  the  morning,  and  continue  open  until 
seven  o'clock  in  the  evening  of  the  same  day;  Provided,  however,  That 
if  a  full  hoard  of  judges  of  election  shall  not  attend  at  the  hour  of  seven 
o'clock  in  the  morning,  and  it  shall  he  necessary  for  the  electors  present 
to  appoint  judges  to  conduct  the  election  as  provided  hy  law,  the  election 
may  in  that  event  commence  at  any  hour  before  the  time  for  closing  the 
polls  shall  arrive,  as  the  case  may  require.  Upon  the  opening  of  the  polls, 
proclamation  shall  be  made  by  one  of  the  clerks,  and  thirty  minutes  be- 
fore the  closing  of  the  polls  proclamation  shall  be  made,  in  like  manner, 
that  the  polls  will  close  in  thirty  Hp,inutes.    [L.  '91,  p.  165,  §41.] 

2247.  Polls  kept  open  till  evening. — The  polls  at  any  election  shall 
not  be  closed  after  once  being  opened,  until  they  are  finally  closed  in  the 
evening.     [G.  S.,  §§1197;  G.  L.,  §973.] 

2248.  Judges  open  ballot  box  before  proclamation  to  open  polls. — 

It  shall  be  the  duty  of  the  judges  of  election,  immediately  before  proc- 
lamation is  made  of  the  opening  of  the  polls,  to  open  the  ballot  box  in 
the  presence  of  the  people  there  assembled  and  turn  it  upside  down  so 
as  to  empty  it  of  everything  that  may  be  in  it,  and  then  lock  it  securely; 
and  it  shall  not  be  reopened  until  for  the  purpose  of  counting  the  ballots 
therein  at  the  close  of  the  election.    [G.  S.,  §1193;  G.  L.,  §969.] 

2249.  No  vote  received  unless  name  registered. — No  vote  shall  be 
received  at  any  election  unless  the  name  of  the  person  offering  to  vote 
shall  he  found  on  the  said  certified  registry  list.  [G.  S.,  §1262;  G.  L., 
§1038.] 

1.  Election  Without  Beglstration  of  the  Voters,  or  attempt  at  registra- 
tion, is  void.  The  rule  applied  to  an  election  of  trustees  of  a  town.  Fish  vs. 
Kugel,  63  Colo.,  101. 

2250.  Rules  for  judges  in  admitting  votes. — The  judges  of  election 
in  determining  the  residence  of  a  person  offering  to  vote,  shall  be  gov- 
erned hy  the  following  rules,  so  far  as  they  may  be  applicable : 

First — That  place  shall  be  considered  and  held  to  be  the  residence 
of  a  person  in  which  his  habitation  is  fixed,  and  to  which,  whenever  he 
is  absent,  he  has  the  intention  of  returning. 

Second — A  person  shall  not  be  considered  or  held  to  have  lost  his 
residence  who  shall  leave  his  home  and  go  into  another  state,  territory 
or  county  of  this  state,  for  temporary  purposes  merely,  with  an  intention 
of  returning. 

Third — A  person  shall  not  be  considered  or  held  to  have  gained  a 
residence  in  this  state,  or  in  any  county  in  this  state,  when  retaining 
his  home  or  domicile  elsewhere. 

Fourth — ^If  a  person  remove  to  any  other  state,  or  to  any  of  the 
territories,  with  the  intention  of  making  it  his  permanent  residence,  he 
shall  be  considered  and  held  to  have  lost  his  residence  in  this  state. 

Fifth — If  a  person  remove  from  one  county,  precinct  or  ward  in  this 
state  to  any  other  county,  precinct  or  ward  in  this  state,  with  the  inten- 
tion of  making  it  his  permanent  residence,  he  shall  he  considered  and 
held  to  have  lost  his  residence  in  the  county,  precinct  or  ward  from 
which  he  removed.     [G.  S.,  §1186;  G.  L.,  §962.] 

2251.  Clerks  keep  poll  list — Form. — Each  clerk  of  the  election  shall 
keep  a  poll  list  which  shall  contain  one  column  headed,  "Names  of 
voters,"  and  one  column  headed,  "Number  on  ballot."  The  name  and  the 
number  on  the  ballot  of  each  elector  voting  shall  be  entered  by  each 
clerk  in  regular  succession  under  the  said  headings  in  his  poll  list. 
tG.  S.,  §1196;  G.  L.,  §972.] 

2252.  Preparation  of  ballot  by  election  officials — Watchers  and  chal- 
lengers.— Any  person  desiring  to  vote  shall   give  his  name,  and,   if  re- 


122  ELECTION  LAWS 

quested  so  to  do,  his  residence,  to  one  of  the  judges  of  election,  who  shall 
thereupon  announce  the  same  in  a  loud  and  distinct  tone  of  voice,  clear 
and  audible,  and  if  such  name  is  found  upon  the  registry  list  by  the 
election  judge  or  clerk  having  charge  thereof,  he  shall  likewise  repeat  the 
said  name,  and  the  voter  shall  be  allowed  to  enter  the  space  enclosed 
by  the  guard  rail,  as  above  provided.  An  election  judge  or  clerk  shall 
give  him  one,  and  only  one,  ballot,  which  shall  be  removed  from  the 
package  of  ballots  by  tearing  the  same  along  the  perforated  line  between 
the  stub  and  duplicate  stub,  and  before  delivering  such  ballot  to  the 
voter,  the  judge  or  clerk  of  election  having  charge  of  the  ballots  shall 
endorse  his  initials  on  the  duplicate  stub.  The  name  of  such  voter  shall 
be  immediately  checked  on  said  list  with  the  number  of  such  duplicate 
stub.  Besides  the  election  officers  and  watchers,  not  more  than  four 
voters  in  excess  of  the  number  of  voting  shelves  or  compartments  pro- 
vided shall  be  allowed  in  said  enclosed  space,  within  said  guard  rail,  at 
one  time,  except  as  provided  in  section  twenty-eight.  Each  of  the  political 
parties  which  cast  the  largest  and  next  largest  number  of  votes  at  the 
last  general  election  in  the  state  shall  be  entitled  to  have  one  person 
as  watcher  within  the  guard  rail  during  the  casting  and  counting  of  votes 
and  declaration  of  the  result  thereof.  Such  person  shall  be  designated 
and  his  selection  made  known  to  the  election  officers  by  an  affidavit 
made  by  the  acting  chairman  of  the  county  or  state  committee  of  each 
of  such  parties;  Provided,  That  in  case  of  temporary  absence  for  meals, 
or  by  reason  of  sickness  or  otherwise,  the  person  so  selected  may  have 
substituted  for  himself  some  other  person  of  like  political  belief,  such 
substitute  to  be  made  known  to  the  election  judges  by  an  affidavit  of 
the  person  first  so  selected  as  watcher.  When  any  person  shall  make 
application  for  a  ballot,  his  right  to  vote  at  that  poll  and  election  may 
be  challenged,  and  such  proceedings  shall  thereupon  be  had  before  the 
judges  of  election  as  are  now  prescribed  in  case  of  challenge.  If  the 
person  so  applying  is  not  entitled  to  vote,  no  ballot  shall  be  delivered  to 
him.  Any  person  may  also  be  challenged,  as  now  provided  by  law, 
when  he  shall  offer  his  ballot  for  deposit  in  the  ballot  box.  Two  chal- 
lengers, representing  each  political  party  or  set  of  nominations,  shall 
be  permitted  to  remain  just  outside  the  guard  rail,  where  they  can 
plainly  see  what  is  done  within  the  polling  place,  except  within  the  said 
booths  or  compartments.  The  said  polling  place  shall  be  so  arranged  that 
every  part  thereof,  except  inside  the  said  booths  or  compartments,  may 
be  in  full  view  of  such  challengers  and  watchers.  [L.  '91,  p.  156,  §25.] 
[Section  28  above  referred  to  is  section  2261.] 
[See  also  as  to  watchers  and  challengers,  section  2268.] 

1.  This  section  is  referred  to  in  People  vs.  News-Times  Publishing  Co., 
35  Colo.,   253,   295. 

2253.  Grounds  for  challenge — Questions  to  challenged  voted. — If  a 
person  offering  to  vote  be  challenged  as  unqualified  by  one  of  the  judges 
of  election,  or  by  an  elector,  one  of  the  judges  shall  tender  to  him  the 
following  oath  or  affirmation:  You  do  solemnly  swear  (or  affirm)  that 
you  will  fully  and  truly  answer  all  such  questions  as  shall  be  put  to  you 
touching  your  place  of  residence,  and  qualifications  of  an  elector  at  this 
election. 

First — If  the  person  be  challenged  as  unqualified,  on  the  ground  that 
he  is  not  a  citizen,  and  will  not  exhibit  his.  papers  pertaining  to  hiai 
naturalization,  the  judges,  or  one  of  them,  shall  put  the  following  ques- 
tons:  First — Are  you  a  citizen  of  the  United  States?  Second — Are  you 
a  native  or  naturalized  citizen?  Third — Have  you  become  a  citizen  of 
the  United  States  by  reason  of  the  naturalization  of  your  parents,  or 
one  of  them?  Fourth — Where  were  your  parents,  or  one  of  them, 
naturalized?  If  the  person  offering  the  vote  claims  to  be  a  naturalized 
citizen  of  the  United  States,  he  shall  state,  under  oath,  where  and  in 
what  courts  he  Was  naturalized. 

Second — If  the  person  be  challenged  as  unqualified,  on  the  ground 
that  he  has  not  resided  in  this  state  for  one  year  immediately  preceding 


ELECTION  LAWS  123 

the  election,  the  judges,  or  one  of  them,  shall  put  the  following  questions: 
First — Hiave  you  resided  in  this  state  for  one  year  immediately  preced- 
ing this  election  and  during  that  time  have  you  retained  a  home  or 
domicile  elsewhere?  Second — Have  you  been  away  from  this  state  within 
the  one  year  immediately  preceding  this  election?  Third — If  so,  when 
you  left  was  it  for  a  temporary  purpose,  with  the  design  of  returning, 
or  did  you  intend  remaining  away?  Fourth — Did  you,  while  absent,  look 
upon  and  regard  this  state  as  your  home?  Fifth — Did  you,  while  absent,^ 
vote  in  any  state  or  territory? 

Third — If  the  person  be  challenged  on  the  ground  that  he  has  not 
resided  in  the  county  ninety  days.,  or  in  the  precinct,  or  ward,  ten  days, 
one  of  the  judges  shall  question  him  as  to  his  residence  in  the  county, 
precinct,  or  ward,  in  a  manner  similar  to  the  before  mentioned  method 
of  questioning  a  person  as  to  his  residence  in  this  state. 

Fourth — If  the  person  be  challenged  as.  unqualified,  on  the  ground 
that  he  is  not  twenty-one  years  of  age,  the  judges,  or  one  of  them  shall 
put  the  following  question:  Are  you  twenty-one  years  of  age,  to  the  best 
of  your  knowledge  and  belief?  The  judges  of  election,  or  one  of  them, 
shall  put  all  such  other  questions  to  the  person  challenged,  under  the 
respective  heads,  aforesaid,  as  may  be  necessary  to  test  his  qualifica-' 
tions  as  an  elector  at  that  election.     L,.  '21,  page  287. 

[For  present  qualifications  of  an  elector,  see  sections  2146-2150.  The 
wording  of  this  section  has  t)een  changed  herein  accordingly.] 

2254.  Oath  of  challenged  voter. — If  the  challenge  be  not  withdrawn 
after  the  person  offering  to  vote  shall  have  answered  the  questions  put 
to  him  as  aforesaid,  one  of  the  judges  shall  tender  to  him  the  following 
oath:  You  do  solemnly  swear  (or  aflarm)  that  you  are  a  citizen  of  the 
United  States,  of  the  age  of  twenty-one  years.,  that  you  have  been  a 
resident  of  this  state  for  one  year  next  preceding  this  election,  and 
have  not  retained  a  home  or  domicile  elsewhere;  that  you  have  been 
for  the  last  ninety  days,  and  now  are,  a  resident  of  this  county;  that 
you  have  been  for  the  last  ten  days,  and  now  are,  a  resident  of  this 
precinct  (or  ward,  as  the  case  may  be),  and  that  you  have  not  voted 
at  this  election.     (Laws  '21,  p.  289.) 

[See  note,   section   2253.     Wording  changed  accordingly,] 

2255. — Refusal  to  answer — Vote  rejected. — If  the  person  challenged 
as  aforesaid  shall  refuse  to  answer  fully  any  question  which  shall  be  put 
to  him  as  aforesaid,  the  judges  shall  reject  his  vote.  [G.  S.,  §1188; 
G.  L.,  §964.] 

2256.  Refusal  to  take  oath — Vote  rejected. — If  any  person  shall  re- 
fuse to  take  the  oath  or  affirmation  so  tendered,  his  vote  shall  be  re- 
jected; Provided,  That  after  such  oath  shall  have  been  taken  the  judges 
may  nevertheless  refuse  to  permit  such  person  to  vote  if  they  shall  be 
satisfied  that  he  is  not  a  legal  voter.     [G.  S.,  §1190;  G.  L.,  §966.] 

2257.  Clerks  write  "Sworn"  on  poll  book. — Whenever  any  person's 
vote  shall  be  received,  after  having  taken  the  oath  or  affirmation  pre- 
scribed in  section  forty  (40)  of  this  act,  it  shall  be  the  duty  of  the  clerks 
of  the  election  to  write  on  the  poll  books  at  the  end  of  the  person's  name, 
"Sworn."     [G.  S.,  §1191;  G.  L.,  §967.] 

[Section  40  referred  to  is  section  2254.] 

2258.  Duty  of  Judge  to  challenge. — It  shall  be  the  duty  of  any  judge 
of  election  to  challenge  any  person  offering  to  vote  whom  he  shall  be- 
lieve not  to  be  qualified  as  an  elector.    [G.  S.,  §1192 ;  G.  L.,  §968.] 

2259.  Preparation  of  ballots  by  voter — IVIanner  of  voting. — Un  re 
ceiving  his  ballot  the  voter  shall  forthwith,  and  without  leaving  the  en- 
closed space,  retire  alone  to  one  of  the  voting  shelves  or  compartments  so 
provided,  and  shall  prepare  his  ballot  by  marking,  in  ink,  In  the  appro- 


124  ELECTION  LAWS 

priate  margin  or  place,  a  cross  (X)  opposite  the  name  of  the  candidate  of 
his  choice  for  each  office  to  he  filled;  and  in  case  of  a  question  submitted 
to  a  vote  of  the  people,  by  marking  in  the  appropriate  margin  or  place 
a  cross  (X)  against  the  answer  which  he  desires  to  give;  and  in  case  of 
a  vote  for  an  entire  or  straight  ticket  or  list  of  candidates,  by  making  a 
cross  (X)  in  the  appropriate  square  after  the  name  and  emblem  designat- 
ing such  ticket  or  list  of  candidates.  Before  leaving  the  voting  shelf  or 
compartment,  the  voter  shall  fold  his  ballot  without  displaying  the  marks 
thereon,  in  the  same  way  it  was  folded  when  received  by  him,  so  that  the 
contents  of  the  ballot  shall  be  concealed  and  the  stub  can  be  removed 
without  exposing  any  of  the  contents  of  the  ballot,  and  he  shall  keep  the 
same  so  folded  until  he  has  voted.  Each  voter  who  has  prepared  his  bal- 
lot, and  is  ready  to  vote  as  aforesaid,  shall  then  leave  the  compartment 
and  approach  the  judges  of  election  having  the  ballot  box  in  charge,  and 
give  his  name  to  one  of  the  judges  of  election,  who  shall  announce  it  in  a 
loud  and  distinct  tone  of  voice,  clear  and  audible.  The  voter's  ballot  shall 
be  handed  to  the  judge  in  charge  of  the  ballot  box,  who  shall  announce 
the  name  of  such  voter,  and  the  number  upon  the  duplicate  stub  of  his 
ballot;  which  number  must  correspond  with  the  stub  number  previously 
checked  in  front  of  his  name  by  the  election  judge  or  clerk  who  handed 
him  his  ballot;  if  the  stub  number  of  the  ballot  corresponds  and  is 
identified  by  the  initials  of  the  judge  or  clerk  placed  thereon,  the  judge 
or  clerk  shall  then  remove  the  duplicate  stub  from  such  ballot.  The  judge 
or  clerk  shall  immediately  write  the  name  of  such  voter  upon  the  poll 
list,  and  shall  take  the  ballot  of  such  voter  and  number  it  in  ink,  in  one 
corner,  upon  the  top  thereof,  in  such  manner  as  not  to  expose  or  show 
how  the  voter  has  voted,  the  same  to  be  numbered  in  the  order  in  which 
it  shall  be  received,  consecutively,  and  so  as  to  permit  the  corner  to  be 
turned  and  pasted  down  with  muscilage,  which  shall  then  be  done  so  that 
the  number  is  not  thereafter  visible,  and  such  seal  shall  only  be  broken 
in  case  of  contested  election;  and  the  same  number  shall  be  recorded  by 
the  election  judge  or  clerk  on  the  list  of  voters  beside  the  name  of  such 
voter.  Such  ballot  shall  then  be  returned  by  said  judge  or  clerk  to  the 
voter,  who  shall  thereupon,  in  full  view  of  the  judges  of  election,  deposit 
the  same  in  the  ballot  box,  with  the  official  endorsement  on  said  ballot 
uppermost.  Each  voter  shall  mark  and  deposit  his  ballot  without  undue 
delay,  and  shall  quit  said  enclosed  space  as  soon  as  he  has  voted.  No 
such  voter  shall  be  allowed  to  occupy  a  voting  shelf  or  compartment 
already  occupied  by  another,  nor  to  remain  within  said  enclosed  space 
more  than  ten  minutes,  nor  to  occupy  a  voting  shelf  or  compartment  for 
more  than  five  minutes,  in  case  all  such  shelves  or  compartments  are  in 
use  and  other  voters  are  waiting  to  occupy  the  same.  Besides  the  elec- 
tion officers  not  more  than  four  voters  in  excess  of  the  number  of  voting 
shelves  or  compartments  provided,  shall  be  allowed  in  said  enclosed  space 
at  any  one  time,  except  as  provided  in  section  28.  No  voter  not  a  judge 
or  clerk  of  election,  whose  name  has  been  checked  on  the  registry  list 
of  the  ballot  officers,  shall  be  allowed  to  re-enter  said  enclosed  space  dur- 
ing said  election.  It  shall  be  the  duty  of  each  and  all  of  the  judges  of 
election  to  secure  the  observance  of  the  provisions  of  this  section  and  of 
other  sections  relative  to  the  duties  of  judges  and  clerks  of  election.  [L. 
'94,  p.  65,  §5;  amending  L.  '91,  p.  157,  §26.] 

[This  section,  In  so  far  as  it  refers  to  voting  a  straight  ticket,  has  been 
amended  by  section  2236.     See  also  Headless  Ballot  Act.] 
[Section  28  referred  to  Is  section  2261.] 

1.  See  notes  1  to  6  inclusive  under  Section  2235.  This  section  referred 
to  in  Baldwin  vs.  Wade,  50  Colo.,  109,  117;  Riley  vs.  Trainor,  57  Colo.,  155; 
Allen   vs.    Glynn,    17    Colo.,    338,    341. 

2260.  Refusal  to  receive  legal  vote — Penalty. — If  any  judge  or  the 
judges  of  any  election  shall  wilfully  and  maliciously  refuse  to  receive  the 
ballot  of  any  qualified  elector,  who  shall  take  or  offer  to  take  the  oath 
prescribed  by  this  act,  in  such  case  every  judge  so  refusing  or  neglect- 
ing to  receive  the  vote  or  ballot,  when  the  same  shall  be  presented,  shall 
be  liable  to  be  indicted,  and  on  conviction  thereof  shall  be  fined  five  hun- 


ELECTION  LAWS  125 

dred  dollars,  and  imprisoned  not  exceeding  thirty  days;  and  for  every 
refusal  or  neglect  to  receive  such  vote,  the  party  aggrieved  may  have  an 
action  on  the  case  against  the  said  judge  or  judges;  the  damages  in  such 
case  shall  not  exceed  the  sum  of  five  hundred  dollars.  [G.  S.,  §1201;  G. 
L.,  §977.] 

2261.  Assistance  to  Illiterate  and  disabled  voters. — Any  voter  who 
declares  under  oath  to  the  inspectors  of  election  that  he  can  not  read  or 
write,  or  that,  by  reason  of  physical  disability,  he  is  unable  to  prepare  his 
ballot  without  assistance,  shall  upon  his  request  receive  the  assistance  of 
any  two  of  the  election  judges  or  clerks,  who  are  of  different  political  par- 
ties, in  marking  thereof;  and  such  officers  shall  certify  on  the  outside 
thereof  that  it  was  so  marked  with  their  assistance,  and  shall  thereafter 
give  no  information  regarding  the  same.  The  same  two  judges  or  clerks 
shall  not  together  successively  act  as  such  assistants.  The  judges  of 
election  are  hereby  qualified  to  administer  such  oath,  and  a  memorandum 
shall  be  made  on  the  poll  lists  of  every  instance  when  an  oath  was  admin- 
istered to  a  voter  as  herein  provided,  stating  what  facts  were  sworn  to, 
the  name  of  affiant,  and  the  name  of  the  judges  or  clerks  who  aided  the 
voter  in  the  preparation  of  his  ballot.  No  officer  who  assists  a  voter  in 
the  preparation  of  his  ballot,  as  herein  provided,  shall,  in  any  manner,  re- 
quest, persuade,  or  induce,  or  seek  to  persuade  or  induce,  any  such  voter 
to  vote  for  any  particular  candidate  or  candidates.  Nor  shall  any  such 
officer  reveal  to  another  the  name  of  any  candidate  for  whom  the  voter 
has  voted,  or  anything  that  took  place  while  he  was  assisting  such  voter 
in  preparing  such  ballot  for  voting.  No  voter  shall  divulge  to  any  one 
within  the  polling  place  the  name  of  any  candidate  for  whom  hw  intends 
to  vote,  nor  shall  he  ask  for  or  receive  the  assistance  of  any  person  within 
the  polling  place,  in  the  preparation  of  his  ballot,  except  as  provided  in 
this  section.  When  any  voter,  in  addition  to  the  oath  required  hereinbe- 
fore by  this  section,  shall  also  make  oath  that  he  can  not  speak  and  un- 
derstand, when  spoken,  the  English  language,  the  election  judges  may 
select  two  persons,  one  from  each  political  party,  who  shall  act  as  inter- 
preters, and  who  shall  take  the  oath  taken  by  election  judges  as  nearly  as 
may  be,  which  interpreters  may  assist  such  persons  who  can  not  speak  or 
read  the  English  language  in  making  up  their  ballots.    [L.  '91,  p.  160,  §28.] 

[See  section  3  of  Headless  Ballot  Act.] 

[For  assistance  to  voter  where  machine  is  used,  see  sections  2349  to 
2350.] 

1.  This  section  is  referred  to  in  People  vs.  News-Times  Publishing 
Company,   35   Colo.,   253,   294. 

2262.  Spoiled  ballots — Record  of  vote. — No  person  shall  take  or  re- 
move any  ballot  from  the  polling  place  before  the  close  of  the  polls.  If 
any  voter  spoils  a  ballot,  he  may  successively  obtain  others,  one  at  a  time, 
not  exceeding  three  in  all,  upon  returning  each  spoiled  one.  The  ballots 
thus  returned  shall  be  immediately  cancelled,  and  together  with  those  not 
distributed  to  voters,  shall  be  preserved,  and  with  the  poll  list  used  by 
the  election  judges  and  clerks,  which  shall  be  certified  by  them  to  be 
such,  shall  be  secured  in  an  envelope,  sealed  and  sent  to  the  several 
town,  city  and  county  clerks.  The  election  officers  shall  also  at  the  same 
time  file  with  the  county  clerk,  city  clerk  or  town  clerk,  as  the  case  may 
be,  a  statement  in  writing  showing  the  number  of  ballots  voted  (making 
a  separate  statement  of  the  number  of  unofficial  ballots,  If  any,  voted,  as 
provided  in  section  twenty-two),  the  number  of  ballots  delivered  to  voters, 
the  number  of  spoiled  ballots  and  the  number  of  ballots  not  delivered  to 
voters  and  the  number  of  ballots  returned,  identifying  and  specifying  the 
the  same;  and  all  unused  ballots,  spoiled  ballots  and  stubs  of  ballots 
voted  shall  be  returned  with  such  statement.  Any  election  officer  who 
shall  fail  to  thus  account  fully  and  particularly  for  all  official  ballots 
placed  in  his  charge,  shall  be  deemed  guilty  of  a  misdemeanor.  [L.  '91, 
p.  159,  §27.] 

[Section  22  referred  to  is  section  2244.] 


126  ELECTION  LAWS 

2263.  Count  of  votes. — As  soon  as  the  polls  at  any  election  shall  have 
finally  closed,  the  judges  shall  immediately  open  the  ballot  box  and  pro- 
ceed to  count  the  votes  polled,  and  the  counting  thereof  shall  be  com- 
menced and  continued  until  finished  before  the  judges  and  clerks  shall 
adjourn.  They  shall  first  count  the  number  of  ballots  in  the  box.  If  the 
ballots  shall  be  found  to  exceed  the  number  of  names  entered  on  each 
of  the  poll  lists,  the  judges  of  election  shall  then  examine  the  official  en- 
dorsements upon  the  outside  of  the  ballots  without  opening  the  same,  and 
if,  in  the  unanimous  opinion  of  the  judges,  any  one  or  more  of  the  ballots 
in  excess  of  the  number  on  the  poll  lists  be  deemed  not  to  bear  the  proper 
official  endorsement,  it  or  they  shall  be  put  into  a  separate  pile  by  them- 
selves, and  a  separate  record  and  return  of  the  votes  in  such  ballots  shall 
be  made  under  the  head  of  "ETxcess  Ballots."  When  the  ballots  and  the 
poll  lists  agree,  or,  as  above  provided,  have  been  made  to  agree,  the 
board  shall  proceed  to  count  the  votes;  each  ballot  shall  be  read  and 
counted  separately,  and  every  name  included  in  a  marked  set  or  list  of 
nominations,  or  separately  marked  as  voted  for  on  such  ballot,  where 
there  is  no  confiict  to  obscure  the  intention  of  the  voter,  as  aforesaid, 
shall  be  read  and  marked  upon  the  tally  lists,  before  any  other  ballot  is 
proceeded  with;  and  the  entire  number  of  ballots,  excepting  "Excess  Bal- 
lots," shall  be  read  and  counted  and  placed  upon  the  tally  lists  in  like 
manner,  and  when  all  of  the  ballots,  excepting  "Excess  Ballots,"  if  any, 
have  been  counted  as  herein  provided,  the  board  shall  estimate  and  pub- 
lish the  votes.    [L.  '91,  p.  161,  §31.] 

2264.  Clerks  keep  tally  lists. — ^As  the  judges  of  election  shall  open 
and  read  the  tickets,  each  clerk  shall,  upon  tally  lists  prepared  for  that 
purpose,  carefully  mark  down  the  votes  each  of  the  candidates  shall  have 
received,  in  separate  lines,  with  the  name  of  such  candidate  at  the  end 
of  the  line,  and  the  office  it  is  designed  by  the  voter  such  candidate 
shall  fill.    [L.  '91,  p.  162,  §32.] 

1.  A  court  of  equity  having  assumed  jurisdiction  and  issued,  a  writ  of 
injunction  to  prevent  frauds  at  an  election  may  effectuate  its  orders  made 
to  prevent  such  frauds  by  restraining  the  election  commission  from  can- 
vassing the  returns  from  precincts  where  it  appears  that  in  violation  of  the 
court's  mandate  such  frauds  were  committed  that  the  returns  are  absolutely 
false  and  that  the  truth  cannot  be  deduced  from  them.  The  People  vs.  Tool, 
35    Colo.,    225.    227. 

2265.  Imperfect  or  defective  ballots. — If  a  voter  marks  in  ink  more 
names  than  there  are  persons  to  be  elected  to  an  office,  or  if,  for  any 
reason,  it  is  impossible  to  determine  the  choice  of  any  voter  for  any 
oflBce  to  be  filled,  his  ballot  shall  not  be  counted  for  such  office.  Pro- 
vided, however,  A  defective  or  an  incomplete  cross  marked  on  any  bal- 
lot in  ink,  in  a  proper  place,  shall  be  counted  if  there  be  no  other  mark  or 
cross  in  ink  on  such  ballot  indicating  an  intention  to  vote  for  some  per- 
son or  persons  or  set  of  nominations,  other  than  those  indicated  by  the 
first  mentioned  defective  cross  or  mark,  and  where  a  cross  is  marked  in 
ink  against  a  device  indicating  a  vote  for  the  entire  set  of  candidates, 
and  also  another  cross  in  ink  against  one  or  more  names  in  another  list, 
such  ballot  shall  only  be  held  invalid  as  to  any  otRce  so  doubly  marked. 
No  ballot  without  the  official  endorsement  shall,  except  as  provided  in 
section  twenty-two  of  this  act,  be  allowed  to  be  deposited  in  the  ballot 
box,  and  none  but  ballots  provided  in  accordance  with  the  provisions  of 
this  act  shall  be  counted.  Ballots  not  counted  shall  be  marked  "Defec- 
tive" on  the  back  thereof,  and  shall  be  preserved  until  the  next  general 
election,  when  the  same  shall  be  destroyed  by  fire  by  the  clerk  having 
the  custody  thereof.     [L.  '91.  p.  160,  §29.] 

[Section  22  referred  to  Is  section  2244.] 

See  also  notes   1   to  6   inclusive  under   Section   2235. 

2266.  Marking  Imperfectly  names  of  candidates  voted  for. — If  an 
imperfect  cross  or  mark  be  found  near  the  name  of  a  candidate  in  ink, 
which  mark  appears  to  have  been  made  with  intent  to  designate  the 


ELECTION  LAWS  127 

candidate  so  marked  as  the  one  voted  for,  such  ballot  shall  not  be  re- 
jected, if  the  intent  of  the  voter  to  designate  the  person  for  whom  he 
intended  to  vote  can  be  reasonably  gathered  therefrom;  Provided,  That 
if  marks  placed  opposite  the  names  of  individual  candidates' shall  work 
to  a  complete  exclusion  of  the  candidates  of  the  party,  the  designation  of 
which  has  been  written  in  at  the  top  of  the  ballot,  and  the  intention  of 
the  voter  is  clear,  it  shall  not  be  necessary  to  strike  out  the  names  of 
the  candidates  against  whom  it  is  desired  to  vote.  [L.  '01,  p.  172,  §3.] 
[Penalty  for  violation  of  above  section,  see  section  2269.] 

1.  See   notes   1   to   6   inclusive  under   Section   2235. 

2.  The  voter  must  substantially  observe  the  requirements  of  the 
statute.      Bromley    vs.    Hallock,    57    Colo.,    148. 

3.  Where  the  voter  writes  in  the  blank  above  the  list  of  nominations, 
the  name  of  a  particular  party,  he  indicates  an  intention  to  vote  for  all 
the  candidates  of  that  party  named  upon  the  ballot,  unless,  in  the  way  pro- 
vided by  the  statute,  he  manifests  a  different  intention,  i.  e.,  by  inserting 
an  X  opposite  the  name  of  an  opposing  candidate,  or  if  there  are  two  or 
more  candidates  for  the  same  office,  by  drawing  a  line  through  the  name  of 
those,  or  the  one,  for  whom  he  does  not  desire  to  vote.  Bromley  vs.  ^allock, 
57   Colo.,    148. 

2267.  Judges'  certificate — Form — Signature — Sealing — Returning — 
Penalty. — As  soon  as  all  the  votes  shall  have  been  read  off  and  counted, 
the  judges  of  election  shall  make  out  a  certificate  under  their  hands,  and 
attested  by  the  clerks,  stating  the  number  of  votes  each  candidate  re- 
ceived, designating  the  office  for  which  such  person  received  such  vote 
or  votes,  and  the  number  he  did  receive,  the  number  being  expressed 
in  words  at  full  length,  and  in  numerical  figures,  such  entry  to  be  made, 
as  nearly  as  cirumstances  will  admit,  in  the  following  form,  to  wit:     At 

an  election  held  at  the  house  of ,  in 

precinct  or  ward,  in  the  county  of and  state  of  Col- 
orado, on  the day  of ,  in  the 

year  of  our  Lord  one  thousand  nine  hundred  and the  follow- 
ing-named persons  received  the  number  of  votes  annexed  to  their  re- 
spective names  for  the  following  described  offices,  to  wit:  Whole  num- 
ber of  votes  cast  were A.  B.  had  seventy-two  (72) 

votes  for  governor;  C.  D.  had  seventy-one  (71)  votes  for  governor;  E.  F. 
had  seventy-two  (72)  votes  for  lieutenant-governor;  G.  H.  had 
sixty-nine  (69)  votes  for  lieutenant-governor;  J.  K.  had  sixty-eight 
(68)  votes  for  representative  in  congress;  L.  M.  had  seventy  (70)  votes 
for  representative  in  congress;  N.  O.  had  seventy-two  (72)  votes  for 
representative;  P.  Q.  had  seventy-one  (71)  votes  for  representative; 
R.  S.  had  eighty-four  (84)  votes  for  sheriff;  T.  W.  had  sixty  (60)  votes 
for  sheriff;  and  in  the  same  manner  for  any  other  persons  voted  for. 

Certified  by  us: 

A.  B. )  Judges 
C.  D.  [       of 
E.  F.  )  Election 
Attest: 

G.  H.  )  Clerks  of 


^i 


J.    (  Election. 


And  the  said  certificate,  together  with  one  of  the  lists  of  voters,  and 
one  of  the  tally  papers,  shall  then  be  enclosed  and  sealed  up,  under 
cover,  and  directed  to  the  clerk  of  the  county  in  which  such  election  is 
held,  and  the  packet  thus  sealed  shall  be  sent  by  registered  letter, 
where  practicable,  otherwise  it  shall  be  conveyed  by  one  of  the  judges 
or  clerks  of  the  election,  to  be  determined  by  lot  if  they  cannot  agree 
otherwise,  within  six  days  of  the  closing  of  the  polls.  And  if  any  judge 
or  clerk  of  an  election,  after  having  been  deputed  by  the  judges  of  elec- 
tion, at  which  he  served  as  judge  or  clerk,  to  carry  the  poll  book  of  such 
election  to  the  clerk  of  the  county,  shall  fail  or  neglect  to  deliver  such 
poll  book  to  the  said  clerk  within  the  time  prescribed  by  law,  safe,  with 
the  seal  unbroken,  he  shall  for  every  offense  forfeit  and  pay  the  sum  of 
five  hundred  dollars,  for  the  use  of  the  county,  to  be  recovered  in  the 
name  of  the  commissioners  of  the  county,  by  an  action  of  debt  in  any 


128  ELECTION  LAWS 

court  of  competent  jurisdiction;  Provided,  That  informality  in  the  de- 
livering of  the  poll  books  as  directed  in  this  section  shall  not  invalidate 
the  vote  of  any  precinct  when  said  poll  books  shall  have  been  delivered 
previous  to  the  canvassing  of  the  votes  of  such  election  by  the  county 
board  of  canvassers.  When  all  the  votes  shall  have  been  read  and 
counted,  the  ballots,  together  with  one  of  the  tally  lists,  shall  be  returned 
to  the  ballot  box  and  the  opening  in  the  glass  part  there  shall  be  care- 
fully sealed,  and  each  of  the  judges  shall  place  his  private  mark  on  said 
seal,  the  wooden  cover  shall  then  be  locked  and  each  of  the  judges  shall 
preserve  one  of  the  keys  thereof  as  herein  provided.  This  box  shall 
then  be  delivered  by  one  of  the  clerks  of  the  election  who  is  of  the  op- 
posite political  party  from  the  judge  or  clerk  chosen  to  take  charge  of 
and  deliver  the  certificate  and  tally  list,  which  clerk  shall  at  once  and 
with  all  convenient  speed  take  said  box  to  the  office  of  the  county  clerk 
and  recorder  and  safely  deliver  it  to  such  officer,  taking  his  delivery 
receipt  therefor.  [G.  S.,  §1200;  L.  '83,  p.  184,  §5,  amending  G.  L.,  §976.] 

1.  Mere  Irregularities  in  returning  the  ballots  and  poll  lists,  in  the 
absence  of  fraud,  will  not  necessarily  vitiate  the  returns.  Kellog  vs.  Hicic- 
man,    12    Colo.,    257. 

2268.  Watchers. — Each  of  the  two  political  parties  casting  the  high- 
est vote  for  the  principal  officer  to  be  chosen  at  the  last  general  election, 
shall  have  the  right  to  appoint  in  each  precinct  one  person,  a  bona  fide 
member  of  such  party,  and  a  resident  of  the  precinct,  to  remain  within 
the  polling  place,  as  a  watcher,  during  the  casting  and  counting  of  votes, 
and  the  declaration  of  the  result  thereof.  Such  watcher  may  also  act 
as  challenger,  when  there  is  reason  to  believe  that  any  person  about  to 
vote  is  not  entitled  to  vote  in  that  precinct.  No  one  who  is  the  employer 
agent,  manager,  superintendent  or  boss  of  a  number  of  employes  of  any 
company,  corporation,  or  person,  carrying  on  mining,  manufacturing  or 
railroad  operations  in  such  precinct,  shall  be  appointed  such  watcher, 
and  each  watcher  shall  have  the  right  to  select  and  have  present,  during 
the  counting  of  the  votes,  three  registered  voters  of  the  precinct.  [L.  '01, 
p.  172,  §2.] 

[Watchers  and  challengers,  see  section  2252.] 

2269.  penalty  for  interference  with  watcher. — If  any  person  shall 
interfere  with  any  watcher  herein  provided  for  while  he  is  in  the  dis- 
charge of  his  duties,  then  such  person  so  interfering  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  more 
than  three  hundred  (300)  dollars.  Justices  of  the  peace  shall  have 
jurisdiction  of  action  brought  for  a  violation  of  this  act,  subject  to  the 
right  of  appeal  as  provided  for  in  cases  of  assault  and  battery.  [L.  '01, 
p.  173.  §4.] 

[Act  above  referred  to  is  sections  2218,  2266,  2268  and  2269.] 

2270.  Judges  designate  and  appoint  constables. — For  the  preserva- 
tion of  order,  as  well  as  the  securing  of  the  judges  and  clerks  of  the 
election  from  insult  and  abuse,  it  shall  be  the  duty  of  any  constable  or 
constables  residing  within  the  precinct,  who  shall  be  designated  for  the 
purpose  by  the  judges  of  the  election,  to  attend  to  all  elections  within 
his  precinct,  and  the  judges  of  election  are  hereby  authorized  and  em- 
powered to  appoint  one  or  more  special  constables  to  assist  in  pre- 
serving order  during  the  elections  and  until  the  votes  are  canvassed. 
[G.  S.,  §1194;  G.  L.,  §970.] 

2271.  Fees  of  constables — Special  constables. — Constables  or  special 
constables  appointed  or  requested  by  the  judges  of  election  to  preserve 
peace  at  the  polls,  shall  each  receive  two  dollars  and  a  half  per  day 
for  their  services,  payable  out  of  the  county  treasury.  [G.  S.,  §1195; 
G.  L.,  §971.] 


ELBOTION  LAWS  129 

K.     ABSENT  ELECTORS— VOTE  BY  MAIL. 

Section  1.     Elector  absent  from    home   may  vote — Where. — That  it 

shall  be  lawful  for  any  qualified  elector  of  the  State  of  Colorado  who  may, 
on  the  occurrence  of  any  general  or  primary  election  hereafter  held  pur- 
suant to  law  in  this  state,  be  unavoidably  absent  from  his  county  because 
his  duties  or  occupation  require  him  to  be  elsewhere  within  the  state,  to 
vote  in  any  voting  precinct  in  the  state  where  he  may  present  himself  for 
that  purpose  on  the  day  of  such  election  or  primary  under  the  regulations 
hereinafter  prescribed,  with  like  effect  as  though  he  were  casting  his  vote 
in  his  own  county  and  voting  precinct. 

Sec.  2.  Must  have  certificate  of  registration  identification  of  elector — 
Oath. — The  voter  so  entitled  to  vote  shall  present  himself  at  the  polls  in 
any  precinct  in  the  state  where  he  may  be  on  such  primary  or  general 
election  day,  during  the  regular  voting  hours  provided  by  law,  and  before 
being  allowed  to  vote,  such  voter  shall  present  a  certificate  of  registration 
certified  to  by  the  county  clerk  or  registration  board  of  the  county  or  pre- 
cinct in  which  he  resides,  to  be  furnished  to  any  registered  voter  by  the 
proper  oflBcer  or  board  upon  demand  prior  to  election  day,  and  shall  be 
identified  in  person  to  the  judges  of  election  in  the  precinct  where  he 
offers  to  vote,  by  one  or  more  resident  voters  in  such  precinct  and,  in 
addition,  make  and  subscribe  before  one  of  the  judges  of  election  an  afll- 
davit  in  substance  as  follows: 

"State  of  Colorado,       1 

}-ss. 
County   J 

I  do  solemnly  swear  that  I  have  resided  in  the  State  of  Colorado  for 

one  year  immediately  prior  hereto,  in  the  County  of 

for  ninety  days  immediately  prior  hereto,  and  in  Precinct 

for  ten  days  immediately  prior  hereto,  (or  in  the Ward 

of  the  City  of )  for  ten  days  immediately  prior  hereto, 

and  in  said  City  of for  thirty  days  immediately  prior 

hereto;  that  I  am  a  citizen  of  the  United  States  and  a  qualified  elector, 
and  that  because  of  my  duties  (or  occupation  or  business)  I  am  required 
to  be  absent  from  my  county  and  precinct  on  this  day,  I  have  had  and  will 
have  no  opportunity  to  vote  there,  and  that  I  have  not  voted  elsewhere 
at  this  election." 

Any  judge  of  election  in  any  voting  precinct  in  this  state  is  hereby 
authorized  to  administer  the  oath  and  take  and  certify  the  affidavit. 
Thereupon  the  affiant  shall  be  given  an  official  ballot,  printed  like  the 
other  official  ballots  as  to  national  and  state  candidates,  constitutional 
amendments,  initiated  and  referred  laws,  district,  county  and  precinct 
candidates,  and  such  voter  shall  write  in  the  names  of  such  candidates 
in  the  blank  space  left  for  that  purpose  not  printed  thereon  as  he  may 
desire  to  vote  for,  and  mark  the  same  as  any  resident  voter,  and  shall 
fold  the  same  and  hand  it  to  the  judges,  as  in  the  case  of  a  resident  voter, 
but  such  ballot  shall  not  be  deposited  in  the  ballot  box,  nor  be  entered 
upon  the  poll  books.  It  shall,  together  with  the  affidavit,  be  securely 
sealed  in  an  envelope,  upon  the  back  of  which  one  of  the  judges  shall 

write :     "The  ballot  of an  absent  voter 

of precinct  (or  ward  or  precinct  of  the 

ward  of  the  city  of )  in  the  county  of ," 

which  shall  be  signed  by  one  of  the  judges. 

Sec.  3.  Judges  file  ballot  with  local  clerks. — ^All  such  envelopes  shall, 
by  the  judges  of  election,  be  filed  with  the  county  clerks  or  election  com- 
mission, of  the  counties  where  such  votes  were  cast  with  the  other  elec- 
tion returns  of  such  primary  or  general  elections  and  receipt  taken  there- 
for, and  said  county  clerk  or  election  commission  shall  immediately  mail 
them  by  special  delivery  postage  prepaid  to  the  county  clerks  or  election 
commission,  of  the  respective  counties  where  such  voters  belong. 


130  ELECTION  LAWS 

Sec.  4.  Ballot  held  by  receiving  clerk. — The  county  clerk  or  election 
commission  of  the  county  where  such  absent  voter  resides  shall  receive 
such  ballot  and  shall  safely  keep  and  preserve  same  unopened  in  his 
office  until  the  board  of  county  canvassers  canvass  the  vote  according  to 
law,  at  which  time  the  board  of  county  canvassers,  in  the  presence  of 
the  county  clerk  or  election  commission,  and  no  other  person,  shall  open 
said  envelope  and  record  the  said  ballot  upon  the  poll  book  of  the  proper 
precinct  in  their  possession  in  the  same  manner  as  clerks  of  election  rec- 
ord votes,  provided  said  canvassing  board  shall  find  the  name  of  such 
absent  voter  duly  registered  among  the  voters  of  such  precinct,  as  re- 
quired by  law  in  other  cases  of  resident  voters,  and  in  so  canvassing  said 
vote,  the  board  of  county  canvassers  shall  count  the  vote  of  all  absent 
voters  taken  as  herein  provided,  which  shall  appear  to  have  been  duly 
registered  as  required  by  law  in  their  respective  precincts,  and  add  the 
same  to  the  total  of  the  poll  sheet  in  arriving  at  the  total  result  of  the 
election  in  the  precinct  where  the  voter  lives. 

Sec.  5.  Ballot  preserved. — Said  ballot  after  being  so  opened  and 
counted  by  the  county  board  of  canvassers  shall  be  sealed  in  an  envelope 

with  the  endorsement  thereon:     "Vote  of 

absent  voter  of Precinct  (or Ward 

of City; )"  and  the  same  shall  be  kept  in  the  county 

clerk's  oflBce  or  office  of  the  election  commission,  as  other  ballots  are  kept 
until  destroyed  according  to  law,  and  in  case  of  contested  elections,  the 
same  shall  be  opened  and  counted  as  in  other  cases,  but  in  case  the  board 
of  county  canvassers  shall  not  find  the  name  of  such  absent  voter  regis- 
tered among  the  voters  of  his  precinct,  one  of  such  board  shall  endorse 
on  the  envelope  containing  the  ballot,  "Not  registered,"  and  such  ballot 
shall  not  be  counted  or  removed  from  the  envelope,  and  the  envelope 
and  the  ballot  therein  shall  be  preserved  by  the  county  clerk  in  his  office, 
as  in  case  of  a  ballot  that  has  been  so  counted. 

Sec.  6.  False  affidavit — Wrongfully  permitting  party  to  vote — Neglect 
of  duties  by  clerk — Revealing  contents  of  ballot — Penalty. — If  any  person 
shall  wilfully  swear  falsely  to  the  affidavit  herein  provided  for,  he  shall 
upon  conviction  thereof  be  deemed  guilty  of  perjury  and  be  punished  as 
in  such  cases  is  provided  by  law.  If  the  officers  of  election  permit  any 
person  to  vote  as  herein  provided  without  his  taking  said  affidavit,  or 
shall  neglect  or  refuse  to  perform  any  of  the  duties  prescribed  in  this  act, 
they  shall  upon  conviction  thereof  be  deemed  guilty  of  a  misdemeanor 
and  shall  on  conviction  be  punished  by  a  fine  not  exceeding  one  hundred 
dollars.  If  any  county  clerk  or  any  member  of  any  election  commission 
or  any  member  of  the  board  of  county  canvassers  shall  neglect  or  refuse 
to  perform  any  of  the  duties  prescribed  by  this  act,  or  shall  reveal  or 
divulge  any  of  the  details  or  contents  of  any  ballot  herein  provided,  he 
shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor  and 
be  punished  by  a  fine  of  not  exceeding  one  hundred  dollars. 

Sec.  7.  Clerk  furnish  form  of  affidavit. — Every  county  clerk  and  elec- 
tion commission  shall  supply  the  judges  of  election  with  a  reasonable 
number  of  printed  forms  of  affidavits  of  the  character  described  in  section 
2  of  this  act.     [L.  '15,  pp.  221  to  224,  Sections  1  to  7,  inclusive.] 


ELECTION  LAWS  131 

L.     CANVASS  OF  VOTES. 

Section  Section 

2272.  County  clerk  open  returns  and        2279.     Meeting     of     state     board     ot 

abstract    votes — Ties.  canvassers. 

2273.  Fees    of    justice    of    peace    in        2280.     State      canvassers — Statement 

canvassing   votes.  — Certificate. 

2274.  Certified      copy      of      abstract        2281.     Tie — Lots      cast  —  Notice      to 

filed  with  secretary  of  state.  candidates. 

2275.  Deputy  clerk  act,  when.  2282.     Secretary  of  state  record  and 

2276.  Vote     for     state     officers — Ab-  publish     statement     of     can- 

stract  sent  to  speaker — Can-  vassers. 

vass   by   general    assembly —  2283.     Secretary      of     state      furnish 

Tie — Joint   ballot.  lists   of  members   of  general 

2277.  State      board     of      canvassers  awsembly. 

canvass  votes.  2284.     Secretary     of      state     prepare 

2278.  Failure    of    returns,    secretary  list   of   presidential   electors. 

of    state    send    messenger —       2285.     Imperfect  ballots  and  returns, 
f2iy.  when  counted. 

2286.     Correction  of  clerical  errors — 
Adjournments   of   board. 

2272.  County  clerk  opens  returns  and  abstract  votes — Ties. — On  the 
tenth  day  after  the  close  of  the  election,  or  sooner,  if  all  the  returns  be 
received,  the  clerk  of  the  county,  taki'ng  to  his  assistance  two  justices 
of  the  peace  of  his  county,  one  at  least  of  whom  shall  belong  to  a  dif- 
ferent political  party  than  himself,  if  any  such  there  be  in  the  county,  shall 
proceed  to  open  the  said  returns,  and  make  abstracts  of  the  votes  in  the 
following  manner:  The  abstract  of  votes  for  electors  for  president  and 
vice-president  of  the  United  States  shall  be  on  one  sheet,  and  the  abstract 
of  votes  for  representatives  in  congress  shall  be  on  another  sheet,  and 
the  abstract  of  votes  for  regents  of  the  university  shall  be  on  another 
sheet,  and  the  votes  for  officers  of  the  executive  department  shall  be  on 
another  sheet,  and  the  abstract  of  votes  for  senators  shall  be  on  another 
sheet,  and  the  abstract  of  votes  for  representatives  shall  be  on  another 
sheet,  and  the  abstract  of  votes  for  judges  of  the  supreme  court  shall 
be  on  another  sheet,  and  the  abstract  of  votes  for  judges  of  the  district 
court  and  district  attorneys  shall  be  on  another  sheet,  and  the  abstract 
of  votes  for  county  and  precinct  officers  shall  be  on  another  sheet;  and 
it  shall  be  the  duty  of  the  said  clerk  of  the  county  immediately  to  make 
out  a  certificate  of  election  to  each  of  the  persons  having  the  highest 
number  of  votes  for  county  and  precinct  oflacers,  respectively,  and  cause 
such  certificate  to  be  delivered  to  the  person  entitled  to  it.  If  any  two 
or  more  persons  have  an  equal  number  of  votes  for  the  same  county  or 
precinct  office,  and  a  higher  number  than  any  other  person,  the  county 
clerk  and  his  assistants  aforesaid  shall  immediately  determine  by  lot 
which  of  the  two  candidates  shall  be  elected.     [G.  S.,  §1202;  G.  L.,  §978.1 

[See  Form  P.  E.  No.  12.] 

1.  The  general  rule  is,  subject  to  modification  by  statute,  that  the 
l)Owers  of  canvassers  are  ministerial,  simply  involving  the  labor  of  counting 
the  votes  returned,  and  determining  who  has  received  the  highest  number; 
they  have  no  judicial  power  to  reject  votes  polled.  The  regularity  of  their 
proceedings  may  be  inquired  into  on  mandanins.  People  vs.  The  Board  of 
County  Commissioners  of  Grand  County,  6  Colo.,   202. 

2273.  Fees  of  justice  of  peace  in  canvassing  votes. — Every  justice 
of  the  peace  called  to  assist  the  county  clerk  of  any  county  in  opening 
the  returns  of  any  election,  and  making  abstracts  of  the  votes  cast  there- 
at, as  is  required  by  law,  shall  be  allowed  and  received  for  such  services 
the  sum  of  five  dollars  for  each  day  in  which  he  is  actually  engaged 
therein,  to  be  paid  by  the  county  in  which  such  service  is  rendered. 
[L.  '89,  p.  222,  §1.] 

2274.  Certrfied  copy  of  abstract  filed  with  secretary  of  state. — The 
clerk  of  the  county,  immediately  after  making  out  abstracts  of  votes 
given  in  his  county,  shall  make  a  copy  of  such  abstract  and  deliver  or 
transmit  the  same  in  a  registered  package  by  mail  to  the  office  of  the 
secretary  of  state;  the  original  abstract  he  shall  file  and  record  in  a 
book  in  his  office  to  be  kept  for  that  purpose.  He  shall  also  certify  to 
the  abstracts  and  copies,  and  affix  thereto  the  county  seal,  and  the  said 


132  ELECTION  LAWS 

clerk  shall  respectively  endorse  on  the  back  of  the  envelope  in  which 
the  said  certified  copies  are  enclosed:  "Certified  copy  of  the  abstract 
of  votes  cast  for  governor,  etc.,  members  of  the  general  assembly,  etc. 

(as  the  case  may  be),  cast  at  the  regular  election  in 

county. ,19 "     [G.  S.,  §1203;  G.  L.,  §979.] 

2275.  Deputy  clerk  act — When. — ^Whenever  it  shall  so  happen  that 
the  county  clerk  shall  die,  be  absent,  or  from  any  casualty  be  prevented 
from  opening  the  returns  of  votes  at  any  election,  it  shall  be  lawful 
for  his  deputy  to  discharge  the  duties  required  of  such  clerk  by  law; 
which  deputy  shall  be  appointed  by  the  majority  of  the  county  commis- 
sioners when  said  clerk  has  failed  to  appoint  a  deputy.  [G.  S.,  §1204; 
G.  K,  §980. J 

2276.  Votes  for  state  officers — Abstract  sent  to  speaker — Canvass  by 
general  assembly — Tie — Joint  ballot. — The  abstract  of  votes  cast  in  each 
county  for  the  officers  of  the  executive  department  shall  be  sealed  up 
by  the  county  clerks  of  said  counties,  and  delivered  or  transmitted  in 
a  registered  package  by  mail  to  the  secretary  of  state,  directed  to  the 
speaker  of  the  house  of  representatives.  Upon  the  organization  of  the 
house  the  secretary  of  state  shall  deliver  to  the  speaker  of  the  house 
all  of  the  returns  for  officers  of  the  executive  department  that  he  shall 
have  received,  and  upon  the  receipt  of  the  same  by  the  speaker  of  the 
house  of  representatives  he  shall,  before  proceeding  to  other  business, 
open  and  publish  the  same  in  the  presence  of  a  majority  of  the  members 
of  both  houses  of  the  general  assembly,  who  shall  for  that  purpose  assem- 
ble in  the  hall  of  the  house  of  representatives.  The  person  having  the 
highest  number  of  votes  for  either  of  said  offices  shall  be  declared  duly 
elected  by  the  presiding  officer  of  the  joint  assembly,  but  if  two  or  more 
have  an  equal  and  the  highest  number  of  votes  for  the  same  office,  one 
of  them  shall  be  chosen  thereto  by  the  two  houses  on  joint  ballot. 
LG.  S.,  §1205;  G.  L.,  §981.] 


1.     STATE  BOARD  OF  CANVASSHRS. 

2277.  State  board  of  canvassers  canvass  votes. — The  governor,  sec- 
retary of  state,  auditor  of  state,  treasurer  of  state  and  attorney-general, 
or  any  three  of  them,  shall  constitute  the  board  of  state  canvassers,  and 
shall  canvass  the  abstracts  of  votes  cast  in  the  different  counties  of  the 
state  for  electors  of  president  and  vice-president,  for  representatives  in 
congress,  for  regents  of  the  university,  for  judges  of  the  supreme  and 
district  courts,  for  district  attorneys,  and  for  senators  and  representa- 
tives.   [G.  S.,  §1206;  G.  L.,  §982.] 

1.  The  duties  of  the  state  board  of  canvassers  in  canvassing  the  returns 
of  an  election  for  representative  in  the  general  assembly  are  purely  political 
and  governmental  and  the  courts  have  no  jurisdiction  to  control  its  action 
therein  by  mandamus.     Orman  vs.   People,   18   Colo.  App.,    302. 

2.  Even  if  the  courts  had  jurisdiction  to  mandamus  the  state  board  of 
canvassers  the  writ  would  lie  only  to  command  the  board  to  act,  and  not 
to  control  their  discretion  by  commanding  them  how  to  act  in  a  case  where 
there  were  presented  to  them  what  purported  to  be  two  sets  of  abstracts  of 
votes  each  claiming  to  be  the  correct  one.  Orman  vs.  People,  18  Colo. 
App.   302. 

2278.  Failure  of  returns,  secretary  of  state  send  messenger — Pay. — 
If  from  any  county  no  such  abstract  of  votes  shall  have  been  received 
within  the  twenty-five  days  next  after  any  election,  by  the  secretary  of 
state,  he  shall  dispatch  a  special  messenger  to  obtain  a  copy  of  the  same 
from  the  county  clerk  of  such  county,  and  such  county  clerk  shall  im- 
mediately on  demand  of  such  messenger  make  out  and  deliver  to  him 
the  copy  required,  which  copy  of  the  abstract  of  votes  the  messenger 
shall  deliver  to  the  secretary  of  state  without  delay.  The  said  messenger 
shall  receive  as  compensation  for  his  services  three  dollars  per  day,  and 
fifteen  cents  for  each  mile  traveled  in  going  to  and  returning  from  the 
county  seat  of  said  county,  by  the  usual  route,  to  be  paid  out  of  the  state 
treasury.     [G.  S.,  §1207;  G.  L.,  §983.] 


ELECTION  LAWS  133 

2279.  Meeting  of  state  board  of  canvassers. — For  the  purpose  of 
canvassing  the  result  of  elections,  the  state  board  of  canvassers  shall  meet 
at  the  office  of  the  secretary  of  state  at  ten  o'clock  of  the  forenoon  of 
the  twenty-fifth  day  after  any  election  for  any  of  the  officers  mentioned 
in  section  fifty-three  (53)  of  this  act,  if  it  be  not  on  bunday;  if  it  be  on 
Sunday,  then  they  shall  meet  on  the  twenty-sixth  day,  when  they  shall, 
if  the  returns  from  all  counties  of  the  state  be  in  the  possession  of  the 
secretary  of  state,  proceed  to  canvass  the  votes.  If  the  returns  are  not 
all  in  they  shall  adjourn  from  time  to  time,  as  they  deem  proper,  to 
await  the  receipt  of  all  returns;  Provided,  however,  That  on  the  last 
Wednesday  of  December,  next  after  the  election,  they  shall  canvass  the 
votes  whether  all  the  returns  be  received  or  not;  And  also  provided,  That 
on  the  year  upon  which  there  is  elected  electors  of  president  and  vice- 
president,  the  state  board  of  canvassers  shall  meet  at  the  secretary  of 
state's  office  on  the  last  secular  day  of  November,  in  the  year  of  the 
election,  and  proceed  to  canvass  the  votes  cast  for  said  electors.  [G.  S., 
§1208;  G.  L.,  §984.] 

[Board  may  return  statement  to  county  or  precinct  board  for  correction, 
section  2286.] 

[Section  53  above  referred  to  Is  section  2272.) 

2280.  State  canvassers — Statement — Certificate. — The  state  board 
of  canvassers,  when  met  in  accordance  with  the  law,  and  a  quorum  (three) 
being  present,  shall  proceed  to  examine  and  make  statement  of  the  whole 
number  of  votes  given  at  any  such  election  for  all  the  officers  mentioned 
in  section  fifty-three  (58)  of  this  act  that  shall  have  been  voted  for  in 
said  election;  which  statements  shall  show  the  names  of  the  persons  to 
whom  such  votes  shall  have  been  given  for  either  of  said  officers,  and 
the  whole  number  given  to  each,  distinguishing  the  several  districts  and 
counties  in  which  they  were  given;  they  shall  certify  such  statements 
to  be  correct  and  subscribe  their  names  thereto,  and  they  shall  there- 
upon determine  what  persons  have  been  by  the  greatest  number  of  votes 
duly  elected  to  such  offices,  or  either  of  them,  and  shall  endorse  and 
subscribe  on  such  statements  a  ceriificate  of  their  determination  and 
deliver  them  to  the  secretary  of  state.     [G.  S.,  §1209;  G.  L..  §985.] 

[Section  53  above  referred  to  is  section  2272.] 

2281.  Tie — Lots  cast — Notice  to  candidates. — ^If  any  two  or  more  per- 
sons have  an  equal  and  the  highest  number  of  votes  for  member  of  either 
house  of  the  general  assembly,  for  judge  of  the  supreme  or  district  courts, 
for  district  attorney,  or  for  regent  of  the  university,  or  electors  of  presi- 
dent and  vice-president,  the  state  canvassers  shall  proceed  to  determine 
by  lot  which  of  the  candidates  shall  be  declared  elected.  Reasonable  no- 
tice shall  be  given  to  such  candidates  of  the  time  when  such  election  will 
be  so  determined.     [G.  S.,  §1210;  G.  L.,  §986.] 

2282.  Secretary  of  state  record  and  publish  statement  of  canvassers. 

— The  secretary  of  state  shall  record  in  his  office  in  a  book  to  be  kept  by 
him  for  that  purpose  each  certified  statement  and  determination,  as  made 
by  the  board  of  state  canvassers,  and  shall  without  delay  make  out  and 
transmit  to  each  of  the  persons  thereby  declared  to  be  elected,  a  certifi- 
cate of  his  election,  certified  by  him  under  his  seal  of  office;  and  he  shall 
also  forthwith  cause  a  copy  of  such  certified  statement  and  determination 
to  be  published  in  a  newspaper  published  at  the  seat  of  government.  [G. 
S.,  §1211;  G.  L.,  §987.] 

2283.  Secretary  of  state  furnish  list  of  members  of  general  assem- 
bly.— Upon  the  day  fixed  by  law  for  the  assembling  of  the  general  assem- 
bly the  secretary  of  state  shall  lay  before  each  house  a  list  of  the  mem- 
bers elected  thereto,  with  the  districts  they  represent,  in  accordance  with 
the  returns  in  his  office.     [G.  S.,  §1212;  G.  L.,  §988.] 

2284.  Secretary  of  state  prepare  lists  of  presidential  electors. — The 
secretary  of  state  shall  prepare  lists  of  the  names  of  the  electors  of  presi- 
dent and  vice-president  of  the  United  States,  elected  at  any  election,  pro- 


134  ELECTION  LAWS 

cure  thereto  the  signature  of  the  governor,  aflBx  the  seal  of  the  state  to 
the  same,  and  deliver  one  of  such  certificates  thus  signed  to  each  of  said 
electors,  on  or  before  the  first  Wednesday  in  December  next  after  such 
election.     [G.  S.,  §1213;  G.  K,  §989.] 

[Note:     But  see  I  U.  S.  Comp.  Stats.  Sec.  199  et  sec] 

2.      CORBECTION  OF  ERRORS. 

2285.  Imperfect  ballots  and  returns  when  counted. — Whenever  the 
judges  of  election  in  any  precinct  or  ward  discover  in  the  canvassing  of 
votes  that  the  name  of  any  candidate  voted  for  be  misspelled,  or  the 
initial  letters  of  his  Christian  name  or  names  be  transposed  or  omitted  in 
pfart  or  altogether  on  the  ballot,  the  vote  or  votes  for  such  candidate  shall 
be  counted  for  him  if  the  intention  of  the  elector  to  vote  for  him  be  ap- 
parent; and  whenever  the  board  of  county  canvassers  or  of  state  can- 
vassers, or  the  speaker  of  the  house  of  representatives,  when  authorized 
by  law  to  canvass  votes  or  returns,  shall  find  the  returns  from  any  pre- 
cinct, ward,  county  or  district  (as  the  case  may  be)  do  not  strictly  con- 
form to  the  requirements  of  law  in  the  making,  certifying  and  returning 
the  same,  the  votes  polled  in  such  precinct,  ward,  county  or  district  shall, 
nevertheless,  be  canvassed  and  counted,  if  such  returns  shall  be  suffi- 
ciently explicit  to  enable  such  boards,  or  any  person  or  persons  author- 
ized to  canvass  votes  and  returns,  to  determine  therefrom  how  many 
votes  were  polled  for  the  several  persons  who  were  candidates  and  voted 
for  at  the  election  of  which  the  votes  are  being  canvassed.  [G.  S.,-  §1216; 
G.  L.,  §992.] 

2286.  Correction  of  clerical  errors — Adjournments  of  board. — If  upon 
proceeding  to  canvass  the  votes  it  shall  clearly  appear  to  the  canvassers 
that  in  any  statement  produced  to  them  certain  matters  are  omitted  in 
such  statement  which  should  have  been  inserted,  or  that  any  mistakes 
which  are  clerical  merely,  exist,  they  shall  cause  the  said  statemtent  to 
be  sent  by  one  of  their  number  (whom  they  shall  depute  for  that  purpose) 
to  the  precinct  or  ward  judges,  or  to  the  county  board  of  canvassers  (as 
the  case  may  be)  from  whom  they  were  received,  to  have  the  same 
corrected,  and  the  judges  of  election  or  county  clerk  (as  the  case  may 
be),  when  so  demanded,  shall  make  such  correction  as  the  facts  of  the 
case  require,  but  shall  not  change  or  alter  any  decision  before  made  by 
them,  but  shall  only  cause  their  canvass  to  be  correctly  stated;  and  the 
canvassing  board  may  adjourn  from  day  to  day  for  the  purpose  of  ob- 
taining and  receiving  such  statement;  Provided,  always,  That  they  shall 
not  delay  counting  past  the  day  provided  by  law  for  the  completion  of 
the  canvass.     [G.  S.,  §1217;  G.  L.,  §993.] 

M.     CONTEST  OF  BISECTIONS. 

1      PRESIDENTIAL  ELECTOR,    SUPREME,   DISTRICT  AND   COUNTY 
JUDGE.— 2287-2293. 

2.  STATE  OFFICERS.— 2294-2297. 

3.  SENATORS   AND  REPRESENTATIVES.— 2298-2307. 

4.  COUNTY  OFFICERS.— 2308-2319. 

5.  TOWN,  PRECINCT  AND  SCHOOL  OFFICERS. 


1.     PRESIDENTIAZ.   JUmUCTOB.,   SUPREME,   DISTRICT   AND 
COUNTY  JUDGE. 

Section  Section 

2287.  Any     elector      may      institute       2291.     Proceedings    in   district   court. 

contesi.  2292.     Changes   of  venue. 

2288.  Supreme    court    jurisdiction.  2293.     Appeals. 

2289.  District   court   jurisdiction. 

2290.  District    court    jurisdiction    of 

county   judge   contest. 


ELECTION  LAWS  135 

2287.  Any  elector  may  institute  contest. — Any  qualified  elector  may 
institute  proceedings  to  contest  the  election  of  any  person  to  the  office 
of  presidential  elector,  or  to  the  office  of  supreme,  district  or  county 
judge.     [L.  '93,  p.  242,  §1.] 

2288.  Supreme  court  jurisdiction. — The  supreme  court,  or  any  two 
or  more  judges  thereof  in  vacation,  shall  have  original  jurisdiction  for 
the  adjudication  of  such  contests  for  the  office  of  presidential  elector, 
and  for  the  office  of  judge  of  the  supreme  court,  and  shall  prescribe  rules 
for  practice  and  proceedings  therein;  Provided,  That  no  judge  of  said 
court  who  is,  a  contestant  or  contestee  in  such  election  shall  be  per- 
mitted to  hear  and  determine  the  same.  [L.  '93,  p.  242,  §2.] 

2289.  District  court  Jurisdiction. — The  district  court  of  the  district 
wherein  the  contest  for  the  office  of  district  judge  arises,  or  the  judge 
thereof  in  vacation,  shall  have  jurisdiction  for  the  adjudication  of  con- 
tests over  the  office  of  district  judge.  Provided,  That  should  the  district 
judge  of  such  district  be  himself  contestor  or  contestee  in  such  election, 
then  such  contested  election  shall  be  heard  and  determined  before  the 
district  court  of  an  adjoining  judicial  district,  or  the  judge  thereof  in 
vacation,  whose  place  of  residence  is  nearest  to  the  residence  of  the 
contestee.     [L.  '93,  p.  242,  §3.] 

•2290.  District  court  jurisdiction  of  county  judge  contest. — The  dis- 
trict court,  or  the  judge  thereof  in  vacation,  shall  have  jurisdiction  for 
the  adjudication  of  all  contests  for  the  office  of  county  judge  arising  in 
any  of  the  counties  of  that  district.     [L.  '93,  p.  243,  §4.] 

2291.  Proceedings  in  district  court. — All  contests  before  such  dis- 
trict courts,  or  any  judge  thereof  in  vacation,  shall  be  conducted  as  near 
as  may  be  according  to  the  rules  for  practice  and  proceedings  therein 
prescribed  by  the  supreme  court  for  contested  elections  in  such  su- 
preme court,  or,  the  supreme  court  may  prescribe  rules  for  practice  and 
proceedings  in  contested  elections  before  district  courts  or  the  judges 
thereof  in  vacation.  All  judges  in  vacation  shall  have  the  same  power 
to  issue  summonses,  attachments  and  other  process,  and  to  render  and 
make  effective  their  judgments  and  decisions,  the  same  as  such  courts 
would  have  .     [L.  '93,  p.  243,  §5.] 

2292.  Changes  of  venue.— Change  of  venue  may  be  taken  from  any 
district  court,  or  the  judge  thereof  in  vacation,  for  any  cause  in  which 
changes  of  venue  might  be  taken  in  civil  or  criminal  actions.  [L.  '93,  p. 
243,  §6.] 

[For  change  of  venue  see  Code,  sections  31  and  32;  and  Chapter  153, 
Venue.] 

2293.  Appeals. — Appeals  shall  lie  to  the  supreme  court  from  the 
decisions  of  any  district  courts  or  any  judges  thereof  in  vacation,  which 
appeals  may  be  taken  in  the  same  manner  and  under  the  same  conditions 
as  appeals  are  taken  from  judgments  of  the  district  court  in  civil  actions. 
[L.  '93,  p.  243,  §7.] 

[See  Code,  section  422,  p.  149,  for  allowance  of  appeal.] 
[Review  now  by  writ  of  error,  L.  '11,  pp.  1-25. j 


2.      STATE   OFFICEBS. 

Section  Section. 

2294.  Who   may   contest — Notice.  2296.     Evidence — Depositions. 

2295.  General    assembly    meet — N5-        2297.     Rules       in      conducting      con- 

tice  of  contest.  tests. 

2294.  Who  may  contest — Notice. — Any  candidate  or  elector  being 
desirous  of  contesting  the  election  of  any  person  declared  elected  gov- 
ernor, lieutenant-governor,  secretary  of  state,  auditor  of  state,  treasurer 
of  state,  attorney-general,  superintendent  of  public  instruction,  or  regent 


136  ELECTION  LAWS 

of  the  university,  shall  between  the  sixth  and  tenth  days  of  the  first  ses- 
sion of  the  general  assembly,  after  the  day  of  election,  file  a  notice  of 
such  intention  with  the  secretary  of  the  senate,  specifying  the  parti- 
cular point  on  which  he  means  to  rely.     [G.  S.,  §1232;  G.  L.,  §1008.] 

2295.  General  assembly  meet — Notice  of  contest. — Upon  any  such 
notice  being  filed,  as  aforesaid,  the  general  assembly  shall,  by  resolution, 
determine  on  what  day  they  will  meet  in  joint  convention  to  take  action 
in  any  such  contest,  and  thereupon  a  certified  copy  of  the  notice  filed 
by  any  contestor  shall  be  served  upon  the  person  whose  election  is  sought 
to  be  contested,  or  by  leaving  a  copy  thereof  at  his  last  or  usual  place 
of  residence  by  such  person  as  shall  by  resolution  be  appointed,  with  a 
notice  that  he  is  required  to  attend  the  joint  convention  on  the  day  so 
fixed  to  answer  the  contest.    [G.  S.,  §1233;  G.  L..,  §1009.] 

2296.  Evidence — Depositions. — On  the  hearing  of  any  contested 
election  for  any  of  the  offices  named  in  section  eighty-three  of  this  act 
the  parties  to  such  contest  may  introduce  written  testimony  to  be  taken 
In  manner  to  be  prescribed  by  joint  convention;  but  no  depositions  shall 
be  read  on  such  hearing  unless  the  opposite  party  shall  have  had  rea- 
sonable notice  of  the  time  and  place  of  taking  the  same.  [G.  S.,  §1234; 
G.  L.,  §1010.] 

[Section  83  referred  to  is  section  2294.] 

2297.  Rules  in  conducting  contests. — In  conducting  any  contested 
election  for  officers  named  in  section  eighty-three  of  this  act,  the  follow- 
ing rules  shall  be  observed,  to  wit: 

First — On  the  day  and  at  the  hour  appointed  for  that  purpose  the 
general  assembly,  with  its  proper  officers,  shall  convene  in  joint  con- 
vention. 

Second — The  president  of  the  senate  shall  preside,  but  when  he  is 
the  contestee,  the  president  pro  tem.  of  the  senate  shall  preside. 

Third — The  parties  to  the  contest  shall  then  be  called  by  the  secre- 
tary of  the  senate,  and,  if  they  answer,  their  appearance  shall  be  recorded. 

Fourth — The  contestor  shall  first  introduce  his  testimony,  and  then 
the  contestee  shall  introduce  his;  and,  after  the  testimony  is  gone 
through  on  both  sides,  the  contestor  m^y,  by  himself  or  by  his  counsel, 
open  the  argument,  and  the  contestee  may  then  proceed  by  himself  or  his 
counsel,  to  make  his  defense,  and  the  contestor  be  heard  in  reply. 

Fifth — After  the  arguments  are  thus  gone  through  by  the  parties, 
any  member  of  the  joint  convention  shall  be  at  liberty  to  offer  his  rea- 
sons for  the  vote  he  intends  to  give;  Provided,  That  the  convention  may 
limit  the  time  of  argument  and  debate. 

Sixth — The  secretary  of  the  senate  shall  keep  a  regular  journal  of 
the  proceedings.  The  manner  of  taking  the  decision  shall  be  by  a  call 
of  the  members,  and  a  majority  of  all  the  votes  given  shall  decide.  [G. 
S.,  §1235;   G.  L.,  §1011.] 

[Section  83  above  referred  to  is  section  2294.] 

3.      SENATORS  AND  REPRESENTATIVES. 

Section  Section 

2298.  Who  may  contest.  2304.     Time    of   taking   depositions — 

2299.  Contestor    file    statement    and  Trial. 

serve  notice.  2305.     Who    may    take    depositions — 

2300.  Contestee   shall   file  answer.  Witnesses. 

2301.  Contestor  shall  file  reply.  2306.     Depositions  to  be  certified  and 

2302.  Either  party  may  serve  notice  sent  to  secretary  of  state. 

of  taking   depositions.  2*07.     Secretary     of    state     transmit 

2303.  Teetimony  in  rebuttal  may  be  contest    papers    to    presiding 

taken.  officer. 

2298.  Who  may  contest. — The  election  of  any  person  declared  duly 
elected  as  a  senator  or  a  member  of  the  house  of  representatives  may  be 
contested  by  any  qualified  voter  of  the  district  to  be  represented  by  such 
senator  or  representative.    [L.  '85,  p.  193,  §1.] 


ELECTION  LAWS  137 

2299.  Contestor  file  statement  and  serve  notice. — The  contestor 
shall,  within  ten  days  after  the  canvass  of  the  votes,  make  and  file  in 
the  office  of  the  secretary  of  state  a  verified  statement,  as  hereinafter 
required,  in  relation  to  county  officers,  except  the  list  of  illegal  votes 
cast  or  legal  votes  rejected,  and  serve  a  copy  thereof  upon  the  con- 
testee.     [L.  '85,  p.  194,  §2.] 

2300.  Contestee  shall  file  answer. — The  contestee  shall,  within  ten 
days  after  the  service  upon  him  of  such  statement,  make  and  file  in  the 
office  of  the  secretary  of  state  an  answer,  duly  verified,  admitting  or 
specifically  denying  each  allegation  contained  in  such  statement  in- 
tended to  be  controverted  by  contestee.  and  shall  also  set  up  in  such 
answer  any  new  matter  or  counter  statement  embracing  any  of  the  causes 
hereinafter  enumerated  as  causes  of  contest  in  relation  to  county  officers, 
except  the  list  of  illegal  votes  cast  or  legal  votes  rejected,  which  may 
entitle  him  to  retain  his  seat  in  that  branch  of  the  general  assembly  to 
which  he  shall  have  been  declared  duly  elected,  and  serve  a  copy  thereofi 
upon  the  contestor.     [L.  '85,  p.  194,  §3.] 

2301.  Contestor  shall  file  reply. — When  the  answer  of  contestee  con- 
tains new  matter  constituting  a  counter  statement,  the  contestor  shall, 
within  ten  days  after  the  service  upon  him  of  such  answer,  reply  to  the 
same,  admitting  or  specifically  denying  under  oath,  each  allegation  con- 
tained in  such  counter  statement  intended  by  him  to  be  controverted 
on  the  trial,  and  file  the  same  in  the  office  aforesaid,  and  serve  a  copy 
thereof  upon  the  contestee.     [L.  '85,  p.  194,  §4.] 

2302.  Either  party  may  serve  notice  of  taking  depositions. — Either 
party,  contestor  or  contestee,  may,  at  the  time  of  serving  his  statement 
or  answer,  serve  upon  the  adverse  party  a  notice  of  taking  depositions 
in  support  of  his  statement  or  answer,  if  any  such  depositions  are  to  be 
taken,  to  be  used  upon  the  trial  of  such  contest.  That,  immediately  after 
joining  the  issue  of  fact,  as  hereinbefore  provided,  both  contestor  and 
contestee  shall  proceed  with  all  reasonable  dispatch  to  take  such  de- 
positions as  he  may  desire  to  use  on  such  trial.  That  written  notice  of 
the  time  and  place  of  taking  such  depositions  shall  be  given  to  the  ad- 
verse party  a  sufficient  length  of  time  to  enable  such  party  to  reach  such 
place  within  the  time,  by  the  usual  traveled  route  and  upon  a  public  con- 
veyance, if  any  such  conveyance  plies  between  the  place  of  serving  such 
notice  and  the  place  of  taking  such  depositions;  otherwise,  a  reasonable 
time  to  make  such  journey;  Provided,  That  nothing  herein  contained 
shall  abridge  the  right  of  either  party  to  take  depositions  upon  reason- 
able notice  prior  to  the  joining  of  issue  aforesaid  in  relation  to  any  of 
the  matters  of  controversy  to  be  raised  in  such  contest;  but  a  failure  to 
take  depositions  before  the  joining  of  issue  shall  not  be  held  as  laches 
against  either  party  to  such  contest.     [L.  '85,  p.  194,  §5.] 

2303.  Testimony  in  rebuttal  may  be  taken. — If,  upon  completion  of 
taking  any  deposition,  the  adverse  party  has  any  witness  or  witnesses 
present  before  the  officer  taking  such  deposition  whose  testimony  is 
sought  to  be  used  in  rebuttal  of  the  depositions  so  taken,  such  adverse 
party  may  proceed  immediately  to  take  the  deposition  of  such  rebutting 
witness  or  witnesses  before  such  officer,  upon  giving  written  notice  to 
the  opposite  party  or  his  attorney;  and  such  officer  shall  attach  to  said 
depositions  a  copy  of  said  notice,  with  proof  of  service;  the  said  rebut- 
ting depositions  shall  be  returned  by  the  officer  taking  the  same,  in  the 
same  manner  as  hereinafter  provided  for  returning  depositions  in  chief; 
Provided,  always.  That  such  adverse  party  shall  be  at  his  own  proper 
cost  and  expense  in  procuring  such  depositions  and  the  return  thereof. 
[L.  '85,  p.  195,  §6.] 

2304.  Time  of  taking  depositions — Trial. — The  time  for  taking  de- 
positions, by  either  party,  to  be  used  upon  the  trial  of  such  contest,  shall 
expire  three  days  prior  to  the  meeting  of  the  next  general  assembly. 
Both  parties  may  take  depositions  at  the  same  time,  but  neither  party 


138  ELECTION  LAWS 

shall  take  depositions  at  two  or  more  different  places  at  the  same  time. 
Both  parties  must  he  ready,  with  all  their  testimony,  to  proceed  with 
the  trial  of  such  contest,  when  called  for  trial  by  the  body  authorized  to 
try  the  same;  but  nothing  herein  contained  shall  be  construed  to  abridge 
the  right  of  either  branch  of  the  general  assembly,  upon  good  cause 
shown,  to  extend  the  time  to  take  depositions,  or  to  send  for  and  ex- 
amine any  witness,  or  to  take  any  testimony  it  may  desire  to  use  on  the 
trial  of  such  contest.     [L.  '85,  p.  195,  §7.] 

2305.  Who  may  take  depositions — Witnesses. — Any  county  judge, 
or  justice  of  the  peace,  or  notary  public,  of  a  county  in  the  district  where 
the  contest  arises,  may  issue  subpoenas  in  every  such  contested  election 
case,  and  shall  have  power  to  compel  the  attendance  of  witnesses,  take 
such  depositions,  and  certify  the  same,  according  to  the  rules  for  taking 
depositions  in  the  district  court.     [L.  '85,  p.  195,  §8.] 

2306.  Depositions  to  be  certified  and  sent  to  secretary  of  state. — The 
officer  before  whom  such  depositions  shall  be  taken  shall  immediately, 
upon  the  conclusion  of  the  taking  thereof,  certify  to  the  same,  and  en- 
close the  same,  together  with  the  notices  for  taking  such  depositions, 
and  the  proof  of  service  of  such  notices,  in  an  envelope,  and  seal  the 
same  up,  and  transmit  the  same  by  mail,  or  by  the  hands  of  a  sworn 
officer,  to  the  secretary  of  state,  with  an  endorsement  thereon  showing 
the  nature  of  the  papers,  the  names  of  the  contesting  parties,  and  the 
branch  of  the  general  assembly  before  which  the  contest  is  to  be  tried. 
[L.  '85,  p.  196,  §9.] 

2307.  Secretary  of  state  transmit  contest  papers  to  presiding  officer. — 
The  secretary  of  state  shall  deliver  the  same,  unopened,  together  with 
the  statement  of  contestor,  answer  of  contestee,  and  reply,  if  any  there 
be,  to  the  presiding  officer  of  the  body  in  which  the  contest  is  to  be  tried, 
immediately  upon  the  organization  of  such  body,  or  so  soon  thereafter 
as  the  same  may  come  to  his  possession;  and  such  presiding  officer  shall, 
immediately  upon  the  receipt  thereof,  give  notice  to  the  body  over  which 
he  presides  that  such  papers  are  in  his  possession.     [L.  '85,  p.  196,  §10.] 


4.     COUNTY  OFFICERS. 

Section  Section 

2308.  Who   may   contest — Causes   of       2315.     Procedure   same   as   in   county 

contest.  court — Evidence      not      used 

2309.  Causes      insufficient      to      set  against    witness. 

aside  election.  2316.     Examination  of  poll  book  and 

2310.  County    judge    try    contests^  ballot      box  —  Recount      of 

Bond  of  contestor.  votes. 

2311.  Contestor       file       statement —       2317.     Judgment. 

Contents.  2318.     Costs. 

2312.  Issuance  and   service  of  sum-       2319.     Contest   of  town   and   precinct 

mons — Answer   of   contestee.  election — No  appeal. 

2313.  Contestor  shall  file  reply. 

2314.  Time     of     trial — Testimony — 

Depositions — Appeals. 

2308.  Who  may  contest — Causes  of  contest. — The  election  of  any 
person,  declared  duly  elected  to  any  county  office,  except  the  office  of 
county  judge,  may  be  contested  by  any  elector  of  such  county. 

First — When  the  contestee  is  not  eligible  to  the  office  to  which  he  has 
been  declared  elected. 

Second — When  illegal  votes  have  been  received,  or  legal  votes  re- 
jected, at  the  polls,  sufficient  to  change  the  result. 

Third — For  any  error,  or  mistake,  in  any  of  the  boards  of  judges,  or 
canvassers,  in  counting  or  declaring  the  result  of  the  election,  if  the  error, 
or  mistake,  would  affect  the  result. 

Fourth — For  mal-conduct,  fraud,  or  corruption  on  the  part  of  the 
board  of  registry,  or  judges  of  election,  in  any  precinct,  or  ward,  or  any 
of  the  boards  of  canvassers,  or  on  the  part  of  any  member  of  such  boards. 


ELECTION  LAWS  139 

Fifth— For  any  other  cause  (though  not  above  enumerated),  which 
shows  that  another  was  the  legally  elected  person.     [L.  '85,  p.  196,  §11.] 

1.  The  provision  of  Revised  Statute  Section  2312  that  where  the  recep- 
tion of  illegal  votes  is  the  ground  of  a  contest  a  list  of  the  persons  alleged 
to  have  voted  illegally  must  be  set  forth  in  the  statement  of  contest,  is 
mandatory,  and  must  be  strictly  construed.  A  defect  in  this  respect  cannot 
be  amended.     Sugar  City  vs.  Commissioners,  57  Colo.,  432. 

2309.  Causes  Insufficient  to  set  aside  election. — The  matter  contained 
in  the  second,  third,  fourth  and  fifth  causes  of  contest  shall  not  be  held 
sufficient  to  set  aside  the  election,  unless  such  causes  be  found  sufficient 
to  change  the  results.     [L.  '85,  p.  196,  §12.] 

2310. — County  judge  try  contests — Bond  of  contestor. — All  contested 
election  cases  of  county  officers,  except  county  judges,  shall  be  tried  and 
determined  by  the  county  judge  of  the  county  in  which  the  contest  arises; 
but  before  the  county  judge  shall  be  required  to  take  jurisdiction  of  the 
contest,  the  contestor  must  file,  with  the  clerk  of  said  court,  a  bond, 
with  sureties,  to  be  approved  by  said  judge,  running  to  said  contestee, 
and  conditioned  to  pay  all  costs  in  case  of  failure  to  maintain  his  con- 
test.    [L.  '85,  p.  196,  §13.] 

1.  Under  the  act  of  1885  the  county  judge  sitting  in  term  time,  in 
his  regular  capacity  as  the  county  court,  is  invested  with  jurisdiction  to  try 
and  determine  contested  election  cases  of  county  officers.  Whether  the 
county  judge  sitting  in  vacation  may  exercise  such  jurisdiction,  not  deter- 
mined.     Vailes   vs.   Brown,    16   Colo.,    462. 

2311.  Contestor  file  statement — Contests. — The  contestor  shall  file, 
tn  the  office  of  the  clerk  of  the  county  court,  within  ten  days  after  the 
day  when  the  votes  are  canvassed,  a  written  statement  of  his  intention 
to  contest  the  election,  setting  forth  the  name  of  the  contestor,  that  he 
is  an  elector  of  the  county;  the  name  of  the  contestee;  the  office  con- 
tested; the  time  of  the  election,  and  the  particular  cause  or  causes  of 
the  contest;  which  statement  shall  be  verified  by  the  affidavit  of  the 
contestor,  or  some  elector  of  the  county,  that  the  causes  set  forth  in  such 
statement  are  true,  as  he  is  informed  and  verily  believes.  [L.  '85,  p.  197, 
§14.] 

1,  Section  14  of  the  act  is  to  be  construed  as  a  statute  of  limitations 
upon  a  summary  proceeding;  and  when  the  period  for  filing  the  statement 
under  said  section  has  fully  elapsed,  excluding  the  day  when  the  votes  are 
canvassed,  the  time  cannot  be  extended  merely  on  the  ground  that  the  last 
day  happens  to  fall   on   Sunday.     Vailes  vs.   Brown,   16   Colo.,    462. 

2312.  Issuance  and  service  of  summons — Answer  of  contestee. — The 
clerk  of  the  county  court  shall  thereupon  issue  a  summons  in  the  ordi- 
nary form,  in  which  the  contestor  shall  be  named  as  plaintiff  and  the 
contestee  as  defendant,  stating  the  court,  in  which  the  action  is  brought, 
the  county  in  which  the  statement  is  filed,  and  a  brief  statement  of  the 
cause  or  causes  of  contest,  as  set  forth  in  contestor's  said  statement, 
which  said  summons  shall  be  served  upon  contestee,  in  the  same  man- 
ner as  other  summons  are  served  out  of  the  county  court  of  this  state 
and  within  ten  days  after  the  filing  in  said  court  the  written  statement 
of  contestor's  intention,  required  to  be  filed,  in  contesting  elections.  The 
contestee  shall,  within  ten  days  after  the  service  of  such  summons,  make 
and  file  his  answer  to  the  same  with  the  clerk  of  said  court,  in  which  he 
shall  either  admit  or  specifically  deny  each  allegation  contained  in  such 
statement  intended  to  be  controverted  by  contestee  on  the  trial  of  such 
contest,  and  shall  set  up  in  such  answer  any  counter  statement,  em- 
braced in  any  of  the  causes  hereinbefore  enumerated,  as  causes  of  con- 
test in  the  relation  to  county  officers,  which  he  relies  upon  as  entitling 
him  to  the  office  to  which  he  has  been  declared  elected.  When  the  re- 
ception of  illegal  or  the  rejection  of  legal  votes  is  alleged  as  the  cause 
of  the  contest,  a  list  of  the  number  of  persons  who  so  voted,  or  offered 


140  ELECTION  LAWS 

to  vote,  shall  be  set  forth  in  the  statement  of  contestor,  and  shall  be  like- 
wise set  forth  in  the  answer  of  contestee,  if  any  such  cause  is  alleged  in 
his  answer  by  way  of  counter  statement.  [L.  '07,  p.  281,  §1;  amending 
L.  '85,  p.  197,  §15.] 

1.  A  proper  construction  of  the  act  of  1885  (Laws  1885,  p.  197),  pro- 
vidingr  for  contesting-  the  election  of  county  officers,  requires  each  party  to 
give  the  other  notice,  in  the  statements  filed,  of  the  names  of  such  persons 
as  he  claims  illegally  voted  for  his  competitor,  and  those  whose  votes  foi^ 
himself  were  illegally   rejected.     Schwarz  vs.   County  Court,   14   Colo.,    44. 

2.  The  statements  required  by  the  statute  are  necessary  to  give  the 
courts  jurisdiction;  and  where  no  effort  is  made  by  the  contestor  to  comply 
with  the  requirements  of  the  act  in  this  regard,  and  a  plea  to  the  jurisdic- 
tion of  the  court  is  interposed  by  the  contestee,  setting  up  such  defect,  the 
court  is  without  jurisdiction  to  proceed  with  a  trial  upon  the  merits.  The 
statute  furnishes  a  complete  system  of  procedure  within  itself,  and  before  a 
contestor  can  legally  invoke  the  jurisdiction  of  the  court  he  must  state  the 
facts  required  to  bring  his  case  within  the  purview  of  the  statute.  Schwara 
v.  County  Court,   14  Colo.,  44. 

3.  The  omission  to  furnish  the  list  of  names  required  by  statute  cannot 
be  justified  by  subsequently  alleging  that  the  information  necessary  to 
prepare  the  same  was  in  the  hands  of  contestee,  by  whose  fraud  and  violence 
contestor  was  prevented  from  obtaining  it,  when  no  effort  was  made  in  the 
first  instance  to  either  comply  with  the  statute  or  to  excuse  the  failure. 
Schwarz  vs.   County  Court,   14   Colo.,    44. 

4.  Where  it  does  not  appear  that  any  attempt  has  been  made  to  comply 
with  the  statutory  requirement  by  furnishing  the  list,  and  no  excuse  is 
offered  for  failing  to  do  so,  amendment  of  the  petition  for  that  purpose,  at 
a  late  day  in  the  proceedings,  is  unwarrantable,  in  the  absence  of  a  statute 
directly  authorizing  its  amendment.     Schwarz  vs.  County  Court,  14  Colo.,  44. 

5.  Where  in  a  special  proceeding  the  statute  makes  no  provision  for 
amendments,  those  of  a  substantial  character  are  not  to  be  allowed.  Sugar 
City  vs.   Commissioners,    57   Colo.,    432. 

2313.  Contestor  shall  file  reply. — ^When  the  answer  of  contestee  con- 
tains new  matter  constituting  a  counter  statement,  the  contestor  shall, 
within  ten  days  after  the  filing  of  such  answer,  reply  to  the  same,  admit- 
ting or  specifically  denying,  under  oath,  each  allegation  contained  in 
such  counter  statement,  intended  by  him  to  be  controverted  on  the  trial, 
and  file  the  same  in  the  office  of  said  clerk.     [L.  '85,  p.  198,  §16.] 

2314.  Time  of  trial — Testimony — Depositions — Appeals. — Immedi- 
ately after  the  joining  of  issue,  as  aforesaid,  the  county  judge  shall  fix 
a  day  for  the  trial  to  commence,  not  more  than  twenty  nor  less  than  ten 
days  after  the  joining  of  issue,  as  aforesaid,  and  such  trial  shall  take 
precedence  of  all  other  business  in  said  court.  The  testimony  may  be 
oral,  or  by  depositions  taken  before  any  ofiicer  authorized  to  take  depo- 
sitions. Any  depositions  taken  to  be  used  upon  the  trial  of  such  contest 
may  be  taken  upon  four  days'  notice  thereof.  The  county  judge  trying 
such  cause  shall  cause  the  testimony  to  be  taken  in  full  and  filed  in  said 
cause.  The  trial  of  such  causes  shall  be  conducted  according  to  the  rules 
and  practice  of  tne  county  court  in  other  cases.  An  appeal  from  the  judg- 
ment and  final  determination  in  any  cause  may  be  taken  to  the  supreme 
court,  the  same  as  in  other  causes  tried  in  said  court;  Provided,  That 
such  appeal  be  prayed  for,  bill  of  exceptions  settled,  bond  for  costs  exe- 
cuted and  filed,  and  the  record  transmitted  to  the  clerk  of  the  supreme 
court  within  twenty  days  from  the  date  of  entering  such  judgment.  The 
supreme  court  shall  advance  such  cause  to  the  head  of  the  calendar,  and 
hear  and  determine  the  same  with  all  reasonable  dispatch.  [L.  '85,  p. 
198,  §17.] 

1.  Upon  the  production  of  evidence  tending  to  show  error,  mistake, 
fraud,  malconduct  or  corruption  on  the  part  of  the  election  board,  or  any  of 
its  members,  in  the  matter  of  receiving,  numbering,  depositing  or  canvassing 
the  ballots,  or  other  illegal  or  irregular  conduct  in  respect  thereto,  an  inspec- 
tion and  comparison  of  the  ballots  with  the  poll  lists  should  be  allowed,  in 
connection  with  the  oral  evidence  in  reference  thereto.  Clanton  vs.  Ryan, 
14   Colo..    419. 

2.  In  a  county  election  contest,  the  statement  of  contestor  that  he  is 
"an  elector  of  the  county"  is  a  material  averment,  and,  if  denied  by  the 
answer,  must  be  proved,  or  the  contest  as  such  must  fail;  nor  is  the  contestor 
excused  from  producing  evidence  in  support  of  such  averment  on  the  ground 
that   other  competent   evidence   is  refused.     Clanton   vs.   Ryan.   14   Colo.,   419. 

3.  This  section  is  referred  to  in  Dickinson  vs.  Freed,  24  Colo.,  483. 


ELECTION  LAWS  141 

2315.  Procedure  same  as  in  county  court — Evidence  not  used  against 
witness. — The  style  and  form  of  process,  the  officers  by  whom  served, 
and  the  manner  of  service  of  process  and  papers  and  the  fees  of  officers 
shall  be  the  same  as  in  the  county  court.  It  shall  be  lawful  to  require 
any  person  called  as  a  witness  who  voted  at  such  election  to  answer 
touching  his  qualifications  as  a  voter;  and,  if  he  was  not  a  qualified 
voter  in  the  precinct  or  ward  in  which  he  voted,  and  the  witness  answers 
such  questions  as  may  be  propounded  to  him  upon  the  trial  of  such  con- 
test, no  part  of  his  testimony  shall  be  used  against  him  in  any  criminal 
action,  except  for  perjury  in  giving  such  testimony.     [L.  '85,  p.  198,  §18.] 

2316.  Examination  of  poli  bool<  and  ballot  box — Recount  of  votes. — 
If,  upon  the  trial  of  any  contested  election  for  any  officer  mentioned  in 
this  act,  it  be  proven  that  a  vote  or  votes  that  were  illegal  were  cast 
in  any  precinct  or  ward,  or  if  the  statement  or  counter  statement  sets 
forth  an  error  in  canvass,  as  hereinbefore  set  forth  in  the  fourth  cause 
of  contest,  the  general  assembly,  or  either  branch  thereof,  or  the  trial 
judge  provided  for  in  this  act  (as  the  case  may  be),  shall  have  power,  if 
SUCH  illegal  vote  or  votes  or  error  in  canvass  be  sufficient  to  change  the 
result,  to  send  to  the  precinct  or  ward  where  such  illegal  voting  or  error 
in  canvass  was  done,  and  obtain  of  their  custodians  the  poll  books  and 
ballot  box  used  at  such  election,  and,  when  so  obtained,  shall  have  the 
power  to  take  out  of  the  ballot  box  the  poll  book  and  ballots  bearing  the 
number  corresponding  to  the  number  opposite  the  name  on  the  poll  book 
of  the  persons  wno  have  thus  been  proven  to  have  voted  illegally.  The 
ballot  or  ballots  so  taken  from  the  ballot  box  shall  be  examined,  and, 
if  it  be  found  that  any  or  all  of  them  bear  the  name  of  either  of  the 
parties,  they  shall,  or  so  many  ot  them  as  do  bear  the  name  of  such  party, 
be  deducted  from  his  vote,  and  the  determination  shall  be  in  accord- 
ance with  the  result  after  such  deduction  shall  have  been  made.  In  all 
cases  where  there  has  been  an  error  in  the  canvass  of  the  vote  there  shall 
be  a  recount  of  the  ballots  in  such  ballot  box,  and  the  determination 
shall  be  in  accordance  with  such  recount.     [L.  '85,  p.  198,  §19.] 

1.  This  section  is  referred  to  in  Rhode  vs.  Steinmetz,   25  Colo.,  302,  332. 

2.  Contestor  entitled  to  a  recount  of  the  ballots,  as  of  course.  Wiley  vs. 
McDowell,  55  Colo.,   236. 

2317.  Judgment. — The  court  shall  pronounce  judgment  whether  the 
contestee  or  any  other  person  was  duly  elected,  and  the  person  so  de- 
clared elected  will  be  entitled  to  the  office,  upon  qualification.  If  the 
judgment  be  against  the  contestee,  and  he  has  received  his  certificate, 
the  judgment  annuls  it.  If  the  court  finds  that  no  person  was  duly 
elected,  the  judgment  shall  be  that  the  election  be  set  aside.  [L.  '85,  p. 
199,  §20.] 

2318.  Costs. — Judgment  for  costs,  and  execution  thereon,  shall  be 
issued  in  the  same  manner  and  like  effect  as  in  any  case  pending  or  de- 
termined in  the  county  court.  The  county  judge  shall  have  the  same  au- 
thority to  enforce  any  order  made  at  such  trial  and  final  judgment 
therein,  as  in  other  case  tried  in  the  said  court.     [L.  '85,  p.  199,  §21.] 


5.     TOWN,   FRECIITCT   AND   SCHOOZi   OFFZCBBS. 

2319.  Contest  of  town  and  precinct  election — No  appeal. — Contested 
election  of  town  and  precinct  officers  shall  be  tried  before  the  county 
court,  as  hereinbefore  provided  for  the  trial  of  contest  of  county  officers, 
so  far  as  the  same  is  practicable ;  but  the  judgment  rendered  in  such 
cause  shall  be  final,  and  no  appeal  to  the  supreme  court  therefrom  shall 
lie.     [L.  '85,  p.  199,  §  22.] 

1.  Special  proceedings  for  contesting  the  election  of  municipal  officers 
are  favored  by  both  the  constitution  and  the  statute.  It  is  not  to  be  pre- 
sumed that  the  legislature  would  knowingly  withhold  obedience  to  the  consti- 
tution.    County  Court  Garfield  County  et  al  vs.  Schwarz,   13  Colo.,   291. 


142  ELECTION  LAWS 

2.  The  word  "Town"  appearing  in  Session  Laws  of  1885,  page  199, 
Section  22,  is  held  to  refer  to  incorporated  towns  and  not  "townships." 
County  Court  Garfield  County  et  al  vs.  Schwarz,  13  Colo.,  291. 

3.  The  county  court  has  no  jurisdiction  to  hear  and  determine  an  elec- 
tion contest  between  claimants  to  the  office  of  mayor  of  a  city  of  the  second 
class.  Booth,  Petitioner,  vs.  The  County  Court  of  Arapahoe  County,  18 
Colo.,  561. 

4.  The  city  council  in  cities  of  the  first  and  second  class  is  designated 
by  statute  as  the  tribunal  to  try  election  contests  between  its  members. 
Booth,   Petitioner,  vs.   The  County   Court   of  Arapahoe   County,   18   Colo.,    561. 

5.  The  mayor  of  a  city  of  the  second  class  being  a  member  of  the  city 
council,  the  contest  of  his  election  is  cognizable  by  that  body.  Booth,  Peti- 
tioner, vs.  The  County  Court  of  Arapahoe  County,   18  Colo.,   561. 

N.     MISCi:i^I.ANEOUS  PROVISIONS. 

Section  Section 

2320.  Application   of   Chapter.  2324.     Secretary    of    state    send    poll 

2321.  Employe  entitled  to  two  hours  books — Tally      lists — County 

to  vote.  clerk's  duty. 

2322.  Sunday   Included    in    computa-       2325.     State    central    committee    con- 

tion  of  time.  trol   party   controversies. 

2323.  Ballots        preserved  —  Ballot       2326.     Chairman    file   membership    of 

boxes.  committee. 

2320.  Application  of  cliapter. — This  chapter  shall  not  apply  to  any 
election  for  school  officers  held  at  any  time  other  than  a  regular  election 
for  state,  county  or  city  officers,  nor  to  any  special  election  at  which 
no  persons  are  to  be  voted  for  for  any  city,  county  or  state  office.  [L.  '91, 
p.  143,  §2.J 

2321.  Employe  entitled  to  two  hours  to  vote. — Any  person  entitled  to 
vote  at  a  general  election  held  within  this  state  shall,  on  the  day  of 
such  election,  be  entitled  to  absent  himself  away  from,  any  service  or  em- 
ployment in  which  he  is  then  engaged  or  employed  for  a  period  of  two 
hours  between  the  time  of  opening  and  the  time  of  closing  the  polls,  and 
any  such  absence  shall  not  be  sufficient  reason  for  the  discharge  of  any 
such  person  from  such  service  or  employment,  and  such  voter  shall 
not,  because  of  so  absenting  himself,  be  liable  to  any  penalty,  nor  shall 
any  deduction  be  made  on  account  of  such  absence  from  his  usual  salary 
or  wages  (except  when  such  employe  is  emjployed  and  paid  by  the  hour). 
Provided,  however,  That  application  shall  be  made  for  such  leave  of 
absence  prior  to  the  day  of  election.  The  employer  may  specify  the 
hours  during  which  such  employe  may  absent  himself  as  aforesaid.  Any 
person  or  corporation  who  shall  refuse  to  his  or  its  employe  the  privilege 
hereby  conferred,  or  who  shall  subject  an  employe  to  a  penalty  or  re- 
duction of  wages  because  of  the  exercise  of  such  privilege,  or  who  shall 
directly  or  indirectly  violate  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor.     [L.  '91,  p.  165,  §38.] 

2322.  Sunday  included  in  computation  of  time. — Sunday  shall  be  in- 
cluded in  all  computations  of  time  made  under  the  provisions  of  this 
act.     [L.  '91,  p.  165,  §40.] 

2323.  Ballots  preserved — Ballot  boxes. — The  proper  ballots,  when 
not  required  to  be  taken  from  the  ballot  box  for  the  purpose  of  election 
contests,  shall  remain  in  the  ballot  box  in  the  custody  of  the  county 
clerk  and  recorder  until  the  next  election,  when  before  opening  the 
polls,  the  ballot  box  shall  be  opened  in  the  presence  of  the  judges,  and 
the  ballots  destroyed  by  fire;  Provided,  That  if  the  ballot  boxes  be  needed 
for  a  special  election  before  the  legal  time  for  commencing  any  proceed- 
ings in  the  way  of  contests  shall  have  elapsed,  or  in  case  such  judges,  at 
the  time  of  holding  of  such  special  election,  have  knowledge  of  the 
pendency  of  any  contest  in  which  the  ballots  would  be  needed,  the  said 
judges  shall  preserve  the  ballots  in  some  secure  manner  and  provide  for 
their  being  so  kept,  that  no  one  can  ascertain  how  any  elector  may  have 
voted.     [G.  S.,  §1221;  L.  '83,  p.  186,  §6;  amending  G.  L.,  §997.] 

1.  The  court  below,  in  a  contested  election  case  in  which  fraud  was 
alleged,  refused  to  require  the  opening  of  the  ballot  boxes  and  a  recounting 
of  the  ballots  until  some  evidence  of  the  fraud  alleged  was  introduced.  Held, 
that  its  discretion  was,  under  the  circumstances,  commendably  exercised. 
Kindel  vs.  Le  Bert,  23  Colo.,  385. 


ELECTION  LAWS  143 

2324.  Secretary  of  state  send  poll  books — Tally  lists — County  clerk's 
duty. — It  shall  be  the  duty  of  the  secretary  of  state  to  make  out  a  com- 
plete form  of  poll  books,  tally  lists,  and  all  the  forms  required  by  this 
act,  to  be  used  by  judges  of  election  and  the  county  clerks,  and  send 
printed  copies  thereof  to  the  county  clerk  of  each  county,  and  he  shall 
cause  to  be  printed  in  pamphlet  form  such  parts  of  this  act  as  are  nec- 
essary for  the  guidance  of  the  judges  of  election  in  the  discharge  of  their 
duties,  and  to  send  printed  copies  thereof  to  the  county  clerk  of  each 
county  for  him  to  distribute  to  the  judges  in  each  precinct  or  ward. 
[G.  S.,  §1219;  G.  L.,  §995.] 

2325.  State  central  committee  control  controversies  of  party. — The 
state  central  committee  of  any  political  party  in  this  state  shall  have 
full  power  to  pass  upon  and  determine  all  controversies  concerning  the 
regularity  of  the  organization  of  that  party  within  and  for  any  congres- 
sional, judicial,  senatorial  or  representative  district,  or  county,  or  city, 
in  this  state,  and  also  concerning  the  right  to  the  use  of  the  party  name, 
and  may  make  such  rules  governing  the  method  of  passing  upon  and 
determining  such  controversies  as  it  may  deem  best,  unless  such  rules 
shall  have  been  theretofore  provided  by  the  state  convention  of  such 
party,  and  all  such  determinations  upon  the  part  of  the  state  central 
committee  shall  be  final;  Provided,  however,  That  from  the  time  the 
state  convention  of  such  party  convenes  until  the  time  of  its  final  adjourn- 
ment such  state  convention  shall  have  all  the  powers  above  given  to 
the  state  central  committee,  but  not  otherwise;  And,  provided,  further, 
That  the  state  convention  of  such  party  may  provide  rules  that  shall 
govern  the  state  central  committee  in  the  exercise  of  the  powers  herein 
conferred  upon  such  committee.     [L.  '01,  p.  169,  §1.] 

1.  Under  the  act,  Session  Laws,  1901,  page  169,  the  state  central  com- 
mittee of  a  political  party,  or  the  state  convention  while  in  session,  has  exclu- 
sive jurisdiction  to  determine  all  controversies  between  factions  of  the  same 
party  as  to  which  is  the  regular  organization  and  entitled  to  the  party  name 
and  to  make  and  file  nominations  for  office  under  the  party  name  within  any 
district,  county  or  city  of  the  state.     People  vs.   District  Court,   32  Colo.,   15. 

2.  The  act,  Session  Laws,  1901,  page  169,  conferring  upon  the  state 
central  committees  of  political  parties  jurisdiction  to  hear  and  determine 
factional  controversies  as  to  the  regularity  of  the  organization  of  the  party 
within  any  district,  county  or  city  of  the  state,  is  not  in  violation  of  Sec- 
tion 11,  Article  VI  of  the  Constitution  on  the  grounds  that  it  divests  the 
district  courts  of  jurisdiction  in  such  causes  and  confers  it  upon  another 
tribunal,  as  the  district  courts  have  no  such  jurisdiction  in  the  absence  of  a 
statute  conferring  it.     People  vs.  District  Court,  32  Colo.,  15. 

3.  Where  there  exists  a  state  central  committee  of  a  political  party, 
factional  disputes  of  subordinate  divisions  of  the  party  must  be  referred  to 
such  committee,  and  the  courts  have  no  jurisdiction  in  such  factional  and 
internal  disputes  between  members  of  the  same  party  although  the  com- 
mittee may  not  have  passed  thereon.     People  vs.  District  Court,   32  Colo.,   15. 

4.  Where  a  district  court  is  proceeding  without  jurisdiction  to  determine 
a  factional  dispute  between  members  of  the  same  political  party,  and  the 
parties  objecting  to  such  proceeding  have  no  speedy  and  adequate  remedy  at 
law,  no  petition  to  the  supreme  court  a  writ  of  prohibition  will  issue  to 
prevent  the  court  from  taking  any  further  action  in  the  matter  except  to  dis- 
miss the  proceedings.     People  vs.  District  Court,  32  Colo..  15. 

2326.  Chairman  file  membership  of  committee. — Within  ten  days 
after  the  adjournment  of  the  state  convention  of  any  political  party  at 
which  a  state  central  committee  is  selected,  the  chairman  and  secretary 
of  said  convention  shall  under  oath  file  with  the  secretary  of  the  state 
a  full  and  complete  roll  of  the  membership  of  said  state  central  com- 
mittee.    [L.  '01,  p.  169,  §2.] 

1.  The  filing  of  a  roll  of  members  of  the  state  central  committee  of  a 
political  party  with  the  secretary  of  state  as  required  by  Section  2  of  the  act. 
Session  Laws,  page  169,  is  not  a  condition  precedent  to  the  exercise  by 
the  committee  of  the  power  to  determine  factional  disputes  in  subordinate 
divisions  of  the  party,  and  in  the  case  at  bar  it  appearing  that  the  faction 
now  challenging  the  power  of  the  committee  upon  that  ground  has  heretofore 
invoked  the  jurisdiction  of  the  committee  to  act  upon  the  controversy,  it  is 
estopped  to  deny  the  committee's  authority.  People  vs.  District  Court,  32 
Cole,  15. 


144  ELECTION  LAWS 

II.     SPECIAL  ELECTIONS  AND  VACANCIES. 

Section  Section 

2327.  Proceedings.  2332.     When   officer   qualify— Elected 

2328.  Special    elections — Canvass.  and   appointed  hold  different 

2329.  Vacancies  in  general  assembly  terms. 

— Governor    issue    writs     of  2333.     Vacancies    in    county    office — 
election.  County     commissioners     ap- 

2330.  Vacancy   in  congress.  point 

2331.  Vacancies  in  state  and  county  2334.     Governor  appoint  county  corn- 

office,  how  filled.  missioners. 

2327.  Proceedings. — The  same  proceedings  shall  be  had  in  all  cases 
of  special  elections  as  are  herein  provided  for  general  elections,  so  far 
as  the  same  may  be  applicable.     [G.  S.,  §1271;  G.  L.,  §1047.] 

2328.  Special  elections — Canvass. — Special  election  shall  be  con- 
ducted and  the  results  thereof  canvassed  and  certified  in  all  respects 
as  near  as  practicable  in  like  mianner  as  general  elections,  except  as 
otherwise  provided;  but  special  elections  shall  not  be  held,  unless  when 
required  by  public  good,  and  in  no  case  within  ninety  days  next  pre- 
ceding a  general  election.     [G.  S.,  §1164;  G.  L.,  §940.] 

2329.  Vacancies  In  general  assembly — Governor  issue  writs  of  elec- 
tion.— Whenever  a  vacancy  shall  occur  in  the  office  of  senator  or  member 
of  the  house  of  representatives  in  any  county  or  counties  or  district  in 
this  state,  entitled  by  law  to  such  senator  or  representative,  the  governor 
shall,  upon  satisfactory  information  thereof,  and  as  soon  as  the  necessity 
is'  apparent,  issue  a  writ  or  writs  of  election  to  the  sheriff  or  sheriffs  of 
said  county  or  counties,  entitled  by  law  to  such  senator  or  representative, 
as  aforesaid,  directing  him  to  give  notice  of  a  special  election  within  such 
county  or  counties  on  a  day  specified  in  such  writ  or  writs,  for  the  pur- 
pose of  filling  such  vacancy;  and  the  sheriff  shall  proceed  to  give  notice 
of  the  time  and  place  of  holding  such  election,  as  in  other  cases,  and 
such  election  shall  be  held  and  conducted,  and  the  returns  thereof  be 
made  to  the  county  clerks,  in  the  same  manner  and  within  the  time 
specified  in  this  act.     [G.  S.,  §1163;  G.  L.,  §939.] 

2330.  Vacancy  In  congress. — Whenever  any  vacancy  shall  happen  in 
the  office  of  representative  in  congress  from  this  state,  it  shall  be  the 
duty  of  the  governor  to  appoint  a  day  to  hold  a  special  election  to  fill 
such  vacancy,  and  cause  notice  of  such  election  to  be  given  as  required 
in  section  twenty  of  this  act.     [G.  S.,  §1167;  G.  L.,  §943.] 

[Section  20  above  referred  to  is  section  2143.] 

2331.  Vacancies — How  filled. — All  vacancies  in  any  state  or  county 
office,  and  in  the  supreme  or  district  courts,  unless  otherwise  provided 
for  by  law,  shall  be  filled  by  appointment  by  the  governor  until  the  next 
general  election  after  such  vacancy  occurs,  when  such  vacancy  shall 
be  filled  by  election,  and  the  district  judge  shall  fill  all  vacancies  in  the 
office  of  district  attorney  in  his  district  by  appointment  until  the  next 
general  election.     [G.  S.,  §1159;  G.  L.,  §935.] 

This  section  is  referred  to  in  People  vs.  Wright,  6  Colo.,  92,  95,  96. 

2332.  When  officer  qualify — Elected  and  appointed  hold  different 
term. — Any  of  the  said  officers  that  may  be  elected  or  appointed  to  fill 
vacancies  may  qualify  and  enter  upon  the  duties  of  their  office  immedi- 
ately thereafter,  and  if  elected  they  may  hold  the  same  during  the  unex- 
pired term  for  which  they  were  elected,  and  until  their  successors  are 
elected  and  qualified,  but  if  appointed  they  shall  hold  the  same  only 
until  their  successors  are  elected  and  qualified.  [G.  S.,  §1162;  G.  L., 
§938.] 

1.  This  section  is  referred  to  in  People  vs.  Wrig-ht,  6  Colo.,  92,  95.  96. 

2.  One  appointed  to  fill  the  vacant  and  unexpired  term  of  a  public  office 
holds  precisely  as  his  predecessor  would  have  done  had  the  vacancy  not 
occurred.     People  vs.  D©  GueUe,  47  Colo,,  13, 


ELECTION  LAWS  145 

3.  The  provisions  of  Section  9  of  Article  XIV  of  the  Constitution  are 
limited  by  Sections  10  and  11  of  Article  XII.  One  elected  to  a  public  office 
has  a  contingent  or  inchoate  right  which  becomes  absolute  upon  qualification. 
No  one  else  can  enter  into  the  office  during  the  term  for  which  another  is 
elected,  until  the  officer  elected  is  ousted,  or  his  right  terminated,  which  can 
never  occur  until  the  day  appointed  by  law  for  the  commencement  of  his 
term.  If  at  that  date  he  has  failed  to  qualify,  the  office  is  vacant.  Therefore, 
where  the  sheriff  incumbent  was  re-elected,  but  failed  to  qualify  for  the 
second  term,  and  died  before  his  first  term  expired,  one  appointed  by  the 
board  of  county  commissioners  to  the  vacancy,  held  only  to  the  second  Tues- 
day of  the  succeeding  January,  the  day  appointed  by  law  for  the  commence- 
ment of  the  second  term  of  his  predecessor,  even  though  by  express  terms, 
his  appointment  was  "until  the  next  general  election;"  that  upon  the  second 
Tuesday  of  the  succeeding  January  there  was  a  vacancy,  and  one  then 
appointed  by  the  county  commissioners  to  fill  it  was  entitled  to  the  office 
until  the  next  general  election.     People  vs.  De  Guella,  47  Colo.,  13, 

2333.  Vacancies  in  county  office — County  conrvmissioners  appoint.— 
All  vacancies  in  any  county  or  precinct  office  of  any  of  the  several  coun- 
ties of  rhe  state,  except  that  of  the  county  commissioner,  shall  be  filled 
by  appointment  by  the  county  commissioners  of  the  county  in  which 
the  vacancy  occurs,  until  the  next  general  election,  when  such  vacancy 
shall  be  filled  by  election  subject  to  the  provisions  of  sections  twenty- 
nine,  article  six,  of  the  constitution.     [G.  S.,  §1165;  G.  L.,  §941.] 

[See  Constitution,  art.  VI,  section  29.] 

1.  See  notes  2  and  3  under  Section  2332,  supra. 

2.  The  county  clerk  elect,  dying  before  qualification,  a  vacancy  in  the 
office  occurs  on  the  expiration  of  the  term  of  the  then  incumbent,  to  be  filled 
by  appointment  of  the  county  commissioners.     Gibbs  vs.  People,  66  Colo.,  414. 

2334.  Governor  appoint  county  commissioners. — Whenever  the  gov- 
ernor appoints  a  county  commissioner  to  fill  a  vacancy  in  any  county  he 
shall  appoint  a  person  who  is  a  resident  of  the  county  and  of  the  com- 
missioner district  of  the  county  in  which  the  vacancy  exists.  [G.  S., 
§1166;  G.  L.,  §942.] 

III.     ELECTION  OF  PRESIDENT. 

Section  Section 

2335.     When    electors    meet — Vacan-        2336.     Fees  of  electors — Special  eleo- 
cies,   how   filled — Duties.  tion.s — Call— Canvass. 

2335.  When  electors  meet — Vacancies — How  filled — Duties. — The 
electors  of  president  and  vice-president  of  the  United  States  shall  con- 
vene at  the  capitol  of  the  state,  in  the  office  of  the  governor  at  the  Capitol 
Building  in  Denver  ,on  the  second  Monday  in  January,  next  after  their 
election,  at  the  hour  of  twelve  o'clock  at  noon  of  that  day,  and  take  the 
oath  required  by  law  and  qualify  as  such  electors;  and  if  there  shall  be 
any  vacancy  in  the  office  of  electors,  occasioned  by  death,  refusal  to  act, 
neglect  to  attend,  or  other  cause,  the  elector  or  electors  present  shall, 
immediately  proceed  to  fill  such  vacancy  in  the  electoral  college;  and 
when  the  vacancies  shall  have  been. filled  as  herein  provided  they  shaU 
proceed  to  perform  the  duties  required  of  such  electors  by  the  constitu- 
tion and  laws  of  the  United  States,  and  vote  for  president  and  vice- 
president  by  open  ballot.  It  shall  be  the  duty  of  the  secretary  of  state 
to  give  notice  in  writing  to  each  of  such  electors,  at  least  ten  days  prior 
thereto,  of  the  time  and  place  of  said  meeting,  and  when  convened,  to 
provide  such  electors  with  the  necessary  blanks,  forms,  certificates  or 
other  papers  or  documents  required  to  enable  them  to  properly  perform 
their  duties,  and  if  desired  such  electors  may  have  the  advice  of  the 
attorney  general  of  the  state  respecting  their  oflficial  duties.  Chapter 
187,  page   651,  Laws  1921. 

[But  see  1  U.  S.  Comp.  Stats.  Sec.  199  et  sec] 

2336.  Fees  of  electors — Special  elections — Call — Canvass. — Bvery 
elector  of  this  state  for  the  election  of  president  and  vice-president  of 
the  United  States,  hereafter  elected,  who  shall  attend  and  give  his  vote 
for  those  officers  at  tUe  tinie  and  place  appointed  by  law,  shall  be  entitled 


146 


ELECTION  LAWS 


to  receive  the  sum  of  five  dollars  per  day  for  each  day's  attendance  at 
such  election,  and  fifteen  cents  per  mile  for  each  mile  he  shall  travel  in 
going  to  and  returning  from  the  place  where  the  electors  shall  meet, 
by  the  most  usual  traveled  route,  to  be  paid  out  of  the  general  conting- 
ent fund,  and  the  auditor  of  state  shall  audit  the  amount  and  draw  his 
warrant  for  the  same.  There  shall  be  an  election  held  in  this  state  for 
the  election  of  such  electors  at  the  times  appointed  by  any  law  of  con- 
gress or  the  constitution  of  the  United  States  for  such  election,  and 
when  such  election  shall  be  special,  the  same  shall  be  called,  held,  and 
the  votes  polled,  canvassed  in  all  respects  as  at  a  general  election,  and 
the  duties  of  the  electors  so  elected  shall  be  the  same  as  prescribed  by 
law  for  electors  elected  at  a  general  election.     [G.  S.,  §1215;  G.  L.,  §991.] 

IV.    OFFENSES. 


Section 

2361.     Voting  twice — Penalty. 

Influencing  vote  —  Penalty  — 
Bribery — Threat — Penalty. 

Unlawful  to  give  or  advance 
money  or  promise  employ- 
ment to   influence  voter. 

Unlawful  to  receive  money 
or  employment  or  contract 
for  valuable  consideration 
to  vote. 

Unlawful  for  candidate  to 
make  bet  or  wager  with 
voter. 

Unlawful  to  use  violence  or 
intimidation  to  influence 
voters. 

Unlawful  to  discharge  or 
promote  employes  to  influ- 
ence vote. 

Candidates  file  statements  of 
expense  incurred  —  Chair- 
men and  secretaries  of 
central  committees  file 
statement. 

Unlawful  to  interfere  with 
election  ofllcial,  ballot  box, 
poll  book,  etc. 

Offender  competent  witness 
— Testimony  not  to  be  used 
against   witness. 

Penalties   for   offenses. 

Applicable  to  all  elections. 

Penalty  for  exposing  ballot — 
False  statement — Interfer- 
ence with  voter. 

Penalty  for  destruction  of 
supplies   or   hindering   voter. 

Penalty  for  destroying  cer- 
tificates of  nomination — 
False    endorsement. 

Penalty  for  neglect  of  duty — 
Destruction  of  ballots — 
Breaking  seal  on  ballot. 

Electioneering  —  Removing 
ballot — Return  of  ballot  to 
Judges. 

Unlawful  to  take  liquor  into 
polling   place. 


2362. 
2363. 


2364. 


2365. 


2366. 


2367. 


2368. 


2369. 


2370. 


237J. 
2372. 
2373. 


2374. 
2375. 


2376. 


2377. 


2378. 


2380. 
2381. 


2382. 
2383. 


2384. 
2385. 


2386. 


2387. 
2388. 
2389. 
2390. 

2391. 

2392. 

2393. 

2394. 
2395. 


2396. 
2397. 


2398. 


2399. 
2400. 


2401. 


of       offenses — ■ 
wrongfully — 


Section 

2379.     Punishment 
Witnesses. 

Judge     signing 
Penalty. 

Penalty  for  making  false  af- 
fidavit. 

Penalty  for  procuring  false 
registry. 

Penalty  for  adding  names  to 
completed    registry. 

Fines  paid  for  use  of  school 
fund. 

Closing  saloons — Penalty  for 
selling  liquors. 

Selling  liquor  between  sun- 
rise and  sunset  on  election 
day. 

Personating    voter — Penalty. 

False    swearing — Penalty. 

Suborning  perjury — Penalty. 

Punishment  for  neglect  of 
officers — Misconduct. 

Judge  admitting  illegal  vote 
— Penalty. 

Bribing  or  influencing  vote — 
Menace — Penalty. 

Voting  in  wrong  wards — 
Penalty. 

Receiving   bribe — Penalty. 

Mutilating,  taking  away  or 
destroying  poll  book  — 
Penalty. 

Frauds  at  primaries  or  con- 
ventions. 

Bribery  at  primaries  or  con- 
ventions. 

Members  of  another  party 
may  not  vote. 

Penalty. 

Frauds  by  primary  or  con- 
vention   officials — Penalty. 

Employers  not  to  influence 
employes. 

Forging  ballots. 

False    certification. 

Offenses  by  officials  in  charter 
cities. 


2361.  Voting  twice — Penalty. — If  any  elector  shall  vote  more  than  once, 
or,  having  voted  once,  shall  offer  to  vote  again,  at  any  election,  or  shall 
offer  to  deposit  in  the  ballot  box,  at  any  election,  more  than  one  ballot, 
he  shall  be  deemed  guilty  of  a  misdemieanor,  and,  on  conviction  thereof, 
shall  be  fined  not  exceeding  one  hundred  dollars  or  imprisoned  in  the 
county  jail  not  exceeding  sixty  days.  \G.  S.,  §1183;  G.  L.,  §959;  amend- 
ing by  implication  G.  S.,  §874;  G.  L.,  §752;  R.  S.,  p.  235,  §153.1 
[For  voting  In  wrong  ward  or  precinct,  see  section  2393.] 

2362.     Influencing   voter— Bribery— Threat— Penalty.— If   any   person 
shall,  by  bribery,  m^enace,  treating   or  other  corrupt  means  or  device 


ELECTION  LAWS  147 

whatsoever,  either  directly  or  indirectly,  attempt  to  Influence  any  elector 
of  this  state  in  giving  his  vote  at  any  election,  every  person  so  offending 
and  being  thereof  convicted,  shall  be  fined  not  exceeding  five  hundred 
dollars  and  shall  thereafter  be  disqualified  from  voting  at  any  election 
in  this  state  for  five  years.  [G.  S.,  §875;  G.  L.,  §753;  R.  S.,  p.  230,  §154.] 
[See  Colorado  Constitution,  art.  VII,  section  10.] 

2363.  Unlawful  to  give  or  advance  money  or  promise  employment  to 
influence  voters. — It  shall  be  unlawful  for  any  person,  directly  or  indi- 
rectly, by  himself  or  through  any  other  person: 

(a)  To  pay,  loan  or  contribute,  or  offer,  or  promise  to  pay,  loan  or 
contribute,  any  money  or  other  valuable  consideration  to  or  for  any  voter, 
or  to  or  for  any  other  person,  to  induce  such  voter  to  vote  or  refrain 
from  voting  at  any  election  provided  by  law,  or  to  induce  any  voter  to 
vote  or  refrain  from  voting  at  such  election  for  any  particular  person  or 
persons,  or  to  induce  such  voter  to  go  to  the  polls,  or  remain  away  from 
the  polls  at  such  election,  or  on  account  of  such  voter  having  voted  or 
refrained  from  voting  for  any  particular  person,  or  having  gone  to  the 
polls  or  remained  away  from  the  polls  at  such  election. 

(&)  To  give,  offer  or  promise  any  office,  place  or  employment,  or  to 
promise  or  procure  or  endeavor  to  procure  any  office,  place  or  employ- 
ment, to  or  for  any  voter,  or  to  or  for  any  other  person,  in  order  to  in- 
duce such  voter  to  vote  or  refrain  from  voting  at  any  election  provided  by 
law,  or  to  induce  any  voter  to  vote  or  refrain  from  voting  at  such  election 
for  any  particular  person  or  persons. 

(c)  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or  other 
valuable  thing  to  or  for  the  use  of  any  other  person,  with  the  intent  that 
the  same,  or  any  part  thereof,  shall  be  used  in  bribery  at  any  election 
provided  by  law,  or  to  knowingly  pay  or  cause  to  be  paid,  any  money  or 
other  valuable  thing  to  any  person  in  discharge  or  repayment  of  any 
money,  wholly  or  in  part  expended  in  bribery  at  any  such  election.  [L. 
'91,  p.  167,  §1.] 

2364.  Unlawful  to  receive  money  or  employment  or  contract  for 
valuable  consideration  to  vote. — It  shall  be  unlawful  for  any  person,  di- 
rectly or  indirectly,  by  himself  or  through  any  other  person: 

(a)  To  receive,  agree  or  contract  for,  before  or  during  an  election 
provided  by  law,  any  money,  gift,  loan  or  other  valuable  consideration, 
office,  place,  or  employment,  for  himself  or  any  other  person,  for  voting 
or  agreeing  to  vote,  or  for  going  or  agreeing  to  go  to  the  polls,  or  for 
remaining  away  or  agreeing  to  remain  away  from  the  polls,  or  for  re- 
fraining or  agreeing  to  refrain  from  voting  or  for  voting  or  agreeing  to 
vote,  or  refraining  or  agreeing  to  refrain  from  voting  for  any  particular 
person  or  persons,  measure  or  measures,  at  any  election  provided  by  law. 

(&)  To  receive  any  money  or  other  valuable  thing  during  or  after 
an  election  provided  by  law,  on  account  of  himself  or  any  other  person, 
for  voting  or  refraining  from  voting  at  such  election,  or  on  account  of 
himself  or  any  other  person,  for  voting  or  refraining  from  voting  for  any 
particular  person  at  such  election  or  on  account  of  himself,  or  any  other 
person,  for  going  to  the  polls  or  remaining  away  from  the  polls  at  such 
election,  or  on  account  of  having  induced  any  person  to  vote  or  refrain 
from  voting,  or  to  vote  or  to  refrain  from  voting  for  any  particular  per- 
son or  persons,  measure  or  measures,  at  such  election.    [L.  '91,  p.  168,  §2.] 

2365.  Unlawful  for  candidate  to  make  bet  or  wager  with  voter. — It 
shall  be  unlawful  for  any  candidate  for  public  office,  before  or  during  any 
election  provided  by  law,  to  make  any  bet  or  wager  with  a  voter,  or  take 
a  share  or  interest  in,  or  in  any  manner  become  a  party  to,  any  such  bet 
or  wager  or  provide  or  agree  to  provide  any  money  to  be  used  by  another 
in  making  such  bet  or  wager,  upon  any  event  or  contingency  whatever, 
arising  out  of  such  election.  Nor  shall  it  be  lawful  for  any  person, 
directly  or  indirectly,  to  make  a  bet  or  wager  with  a  voter,  depending 
upon  the  result  of  any  election  provided  by  law,  with  the  intent  thereby 


148  ELECTION  LAWS 

to  procure  the  challenge  of  such  voter  or  to  prevent  him  from  voting  at 
such  election.  Any  violation  of  this  section  shall  be  deenx'ed  a  misde- 
meanor.    [L.  '91,  p.  168,  §3.] 

2366.  Unlawful  to  use  violence  or  intimidation  to  influence  voters. — 
It  shall  be  unlawful  for  any  person  directly  or  indirectly,  by  himself  or 
any  other  person  in  his  behalf,  to  make  use  of  any  force,  violence,  or 
restraint,  or  to  inflict,  or  threaten  the  infliction  by  himself  or  through 
another  person,  of  any  injury,  damage,  harm  or  loss,  or  in  any  manner 
to  practice  intimidation  upon  or  against  any  person  in  order  to  induce 
or  compel  such  person  to  vote  or  refrain  from  voting  for  any  particular 
person  or  persons,  measure  or  measures,  at  any  election  provided  by  law, 
or  on  account  of  such  person  having  voted  or  refrained  from  voting  at 
any  such  election.  And  it  shall  be  unlawful  for  any  person,  by  abduction, 
duress,  or  any  forcible  or  fraudulent  device  or  contrivance  whatever,  to 
impede,  prevent  or  otherwise  interfere  with  the  free  exercise  of  the 
elective  franchise  of  any  voter,  or  to  compel.  Induce  or  prevail  upon  any 
voter,  either  to  give  or  refrain  from  giving  his  vote  at  any  such  elec- 
tion, or  to  give  or  refrain  from  giving  his  vote  for  any  particular  person 
at  any  such  election.  It  shall  be  unlawful  for  any  employer,  either  cor- 
poration, association,  company,  firm  or  person,  in  paying  its,  their  or 
his  employes  the  salary  or  wages  due  them,  to  inclose  their  pay  in  "Pay 
envelopes"  upon  which  there  is  written  or  printed  any  political  mottoes, 
devices  or  arguments,  containing  threats,  express  or  implied,  intended 
or  calculated  to  influence  the  political  opinion,  views  or  actions  of  such 
employes.  Nor  shall  it  be  lawful  for  any  employer,  either  corporation, 
association,  company,  firm  or  person,  within  ninety  days  of  any  election 
provided  by  law,  to  put  up  or  otherwise  exhibit  in  its,  their  or  his  factory, 
workshop,  mine,  mill,  boarding-house,  office  or  other  establishment  or 
place  where  its,  their  or  his  employes  may  be  working  or  be  present  in 
the  course  of  such  employment,  any  hand-bill,  notice  or  placard  contain- 
ing any  threat,  notice  or  information  that  in  case  any  particular  ticket 
or  candidate  shall  be  elected,  work  in  its,  their  or  his  place  or  establish- 
ment will  cease  in  whole  or  in  part  or  its,  their  or  his  establishment  be 
closed,  or  the  wages  of  its,  their  or  his  workmen  be  reduced;  or  other 
threats,  express  or  implied,  intended  or  calculated  to  influence  the  politi- 
cal opinion  or  actions  of  its,  their  or  his  employes.  Any  person  or  per- 
sons, or  corporation  violating  any  of  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor,  and  any  person,  whether  acting  in 
his  individual  capacity  or  as  an  oflicer  or  agent  of  any  corporation  so 
guilty  of  such  misdemeanor  shall  be  punished  as  hereinafter  prescribed. 
[L.  '91,  p.  168,  §4.] 

2367.  Unlawful  to  discharge  or  promote  employes  to  influence  vote. 
— ^It  shall  be  unlawful  for  any  corporation  or  any  oflicer  or  agent  of  any 
corporation  to  influence  or  attempt  to  influence  by  force,  violence  or  re- 
straint or  by  inflicting  or  threatening  to  inflict  any  injury,  damage,  harm 
or  loss,  or  by  discharging  from  employment  or  promoting  in  employment, 
or  by  intimidation  or  otherwise  in  any  manner  whatever,  to  induce  or 
compel  any  employe  to  vote  or  refrain  from  voting  at  any  election  pro- 
vided by  law,  or  to  vote  or  refrain  from  voting  for  any  particular  person 
or  persons  at  any  such  election.  Any  such  corporation,  or  any  officer 
or  agent  of  such  corporation,  violating  any  of  the  provisions  of  this  sec- 
tion, shall  be  deemed  guilty  of  a  misdemeanor,  and  be  subject  to  the 
penalty  hereinafter  provided,  and  in  addition  thereto,  any  corporation 
violating  this  section  shall  forfeit  its  charter  and  right  to  do  business  in 
this  state.     [L.  '91,  p.  169,  §5.] 

2368.  Candidates  file  statements  of  expenses  incurred — Chairmen 
and  secretaries  of  central  committees  file  statement. — Every  candidate 
who  is  voted  for  at  any  public  election  held  within  this  state  shall,  within 
thirty  days  after  such  election,  file  as  hereinafter  provided,  an  Itemized 
statement,  showing,  in  detail,  all  the  moneys  contributed  or  expended  by 
him,  directly  or  indirectly,  by  himself  or  through  any  other  person,  in 
aid  of  his  election.    Such  statem^ent  shall  give  the  names  of  the  various 


ELECTION  LAWS  149 

persons  who  received  such  money,  the  specific  nature  of  each  item,  and 
the  purpose  for  which  it  was  expended  or  contributed.  There  shall  be 
attached  to  such  statement  an  affidavit,  subscribed  and  sworn  to  by  such 
candidate,  setting  forth,  in  substance,  that  the  statement  thus  made  is 
in  all  respects  true,  and  that  the  same  is  a  full  and  detailed  statement 
of  all  moneys  so  contributed  or  expended  by  him,  directly  or  indirectly, 
by  himself,  or  through  any  other  person,  in  aid  of  his  election.  Candi* 
dates  for  office  to  be  filled  by  the  electors  of  the  entire  state,  or  any 
division  or  district  thereof  greater  than  a  county,  and  candidates 
for  either  house  of  the  general  assembly,  and  for  district  judges,  and 
for  district  attorney,  shall  file  their  statements  in  the  office  of  the  sec- 
retary of  state;  and  candidates  for  town  and  city  offices  shall  file  their 
statements  in  the  office  of  the  town  or  city  clerk,  respectively,  and  candi- 
dates for  county  offices,  and  for  all  other  offices  not  otherwise  above 
expressly  provided  for,  shall  file  their  statements  in  the  office  of  the 
clerk  of  the  county  wherein  such  election  occurs.  Within  thirty  days 
after  each  election,  the  chairman  and  secretary  of  state,  county  and  city 
central  committees  of  each  and  every  political  party  presenting  candi- 
dates, shall  make  and  file  a  statement,  under  oath,  setting  forth  in  detail 
all  sums  of  money  received,  from  whom  received,  and  to  whom  and  for 
what  purpose  such  money  was  paid  by  such  committees  during  the  pre- 
ceding election.  Certificates  of  state  chairmen  or  secretaries  shall  be 
filed  with  the  secretary  of  state,  and  for  the  county  chairmen  and  secre- 
taries with  the  clerk  of  the  county,  and  by  city  chairmen  and  secre- 
taries with  the  city  clerk.  Any  person  or  persons  who  shall  violate  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor. 
Which  certificates  shall  be  preserved  by  the  officers  with  whom  they  are 
filed  until  the  next  general  election,  and  shall  be  open  to  the  inspection 
of  the  public.     [L.  '91,  p.  170,  §6.] 

[For  Campaign  Expenses,  see  also  sections  28,  29  and  30,  Primary  Elec- 
tion Act  herein.] 

ft69.  Unlawful  to  interfere  with  election  official,  ballot  box,  poll 
book,  etc. — Any  person  who,  at  any  election  provided  by  law  in  this  state, 
shall  interfere  in  any  manner  with  any  officer  of  such  election  in  the  dis- 
charge of  his  duty,  or  who  shall  induce  any  officer  of  any  election,  or 
officer  whose  duty  it  is  to  ascertain,  announce  or  declare  the  result  of 
any  such  election,  or  give  or  make  any  certificate,  document  or  evidence 
in  relation  thereto,  to  violate  or  refuse  to  comply  with  his  duty,  or  any 
law  regulating  the  same,  or  who  shall  take,  carry  away,  conceal  or  re- 
move any  ballot  or  ballot  box,  poll  book  or  other  thing  from  the  polling 
place,  or  from  the  possession  of  the  person  or  persons  authorized  by 
law  to  have  the  custody  thereof,  or  who  aids,  counsels,  procures,  advises 
or  assists  any  person  or  persons  to  do  any  of  the  acts  aforesaid,  shall 
be  guilty  of  a  cringe,  and  shall  be  punished  as  hereinafter  provided. 
[L.  '91,  p.  171,  §7.] 

[For  Campaign  Expenses,  see  also  sections  28,  29  and  30,  Primary  Elec- 
tion Act  herein.] 

2370.  Offender  competent  witness — Testimony  not  to  be  used  against 
witness. — A  person  offending  against  any  provision  of  sections  one,  two 
or  seven  of  this  act,  is  a  competent  witness  against  another  person  so 
offending,  and  may  be  compelled  to  attend  and  testify  upon  any  trial, 
hearing,  proceeding  or  investigation  in  the  same  manner  as  any  other 
person.  But  the  testimony  so  given  shall  not  be  used  in  any  prosecution 
or  proceeding,  civil  or  criminal,  against  the  person  so  testifying,  except 
for  perjury  in  giving  such  testimony.  A  person  so  testifying  shall  not 
thereafter  be  liable  to  indictment,  prosecution  or  punishment  for  the 
offense  with  reference  to  which  his  testimony  was  given,  and  may  plead 
or  prove  the  giving  of  testimony  accordingly,  in  bar  of  such  an  indict- 
ment or  prosecution.     [L.  '91,  p.  171,  §8.] 

[Sections  1,  2  and  7  referred  to  are  sections  2363,  2364  and  2369.] 

2371.  Penalties  for  offenses. — Any  person  convicted  of  any  of  the 
crimes  or  offenses  mentioned  in  sections  one,  two  and  seven  of  this 


150  ELECTION  LAWS 

act  shall  be  punished  by  a  fine  of  not  more  than  one  thousand  dollars 
or  by  imprisonment  in  the  penitentiary  for  not  less  than  one  nor  more 
than  five  years,  or  by  both  such  fine  and  imprisonment;  and  any  person, 
corporation  or  agent  of  a  corporation,  guilty  of  any  offense  herein  made 
a  misdemeanor  shall,  upon  conviction,  be  punished  by  a  fine  not  ex- 
ceeding one  thousand  dollars,  or  by  imprisonment  in  the  county  jail  not 
exceeding  one  year,  or  by  both  such  fine  and  imprisonment.  Any  candi- 
date for  office  who  refuses  or  neglects  to  file  a  statement  prescribed  in 
section  six  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  punish- 
able as  above  provided,  and  shall  also  forfeit  his  office.  [L.  '91,  p.  171,  §9. J 
[Sections  1,  2,  6  and  7  referred  to  are  sections  2363,  2364,  2368  and 
2369.] 

2372.  Applicable  to  all  elections. — The  provisions  of  this  act  shall 
extend  so  far  as  applicable  to  all  elections  provided  by  law,  either  gen- 
eral, special  or  primary.     [L.  '91,  p.  172,  §10.] 

2373.  penalty  for  exposing  ballot — False  statement — Interference 
with  voter. — A  voter  who  shall,  except  as  herein  otherwise  provided,  al- 
low his  ballot  to  be  seen  by  any  person,  with  an  apparent  intention  of  let- 
ting it  be  known  how  he  is  about  to  vote,  or  who  shall  make  a  false  state- 
nient  as  to  his  inability  to  mark  his  ballot,  or  any  person  who  shall  inter- 
fere or  attempt  to  interfere  with  any  voter  when  inside  said  enclosed 
space,  or  when  marking  a  ballot,  or  who  shall  endeavor  to  induce  any 
voter  to  vote  or  to  show  how  he  marked  or  has  marked  his  ballot  shall 
be  punished  by  a  fine  of  not  less  than  five  nor  more  than  one  hundred 
dollars.  Any  election  judge  or  clerk  shall  report  any  person  so  doing 
to  the  district  attorney  for  the  county  in  which  the  election  is  held, 
whose  duty  it  shall  be  to  see  that  the  offender  is  forthwith  brought  be- 
fore the  proper  court.     [L.  '91,  p.  162,  §33.] 

[Interference  with  watcher,  see  section  2369.] 

2374.  Penalty  for  destruction  of  supplies  or  hindering  voter.^Any 
person  who  shall,  prior  to  an  election,  wilfully  deface  or  destroy  any  list 
of  candidates  posted  in  accordance  with  the  provisions  of  this  act,  or 
who,  during  an  election,  shall  wilfully  deface,  tear  down,  remove  or  de- 
stroy any  card  of  instruction  or  sample  ballot,  printed  or  posted  for  the 
instruction  of  voters,  or  who  shall,  during  an  election,  wilfully  remove 
or  destroy  any  of  the  supplies  or  conveniences  furnished  to  enable  a 
voter  to  prepare  his  ballot,  or  shall  wilfully  hinder  the  voting  of  others, 
shall  be  punished  by  fine  of  not  less  than  five  nor  more  than  one  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  three 
months,  or  by  both  fine  and  imprisonment.     [L.  '91,  p.  163,  §34.] 

2375.  Penalty  for  destroying  certificate  of  nomination — False  en- 
dorsement.— Any  person  who  shall  falsely  mark  or  wilfully  deface  or 
destroy  any  certificate  of  nomination,  or  any  part  thereof,  or  any  letter 
of  acceptance,  declination  or  resignation;  or  file  any  certificate  of  nomi- 
nation, or  letter  of  acceptance,  declination  or  resignation,  knowing 
the  same,  or  any  part  thereof,  to  be  falsely  made,  or  suppress  any 
certificate  of  nomination,  or  any  part  thereof,  which  has  been  duly 
filed;  or  forge  any  letter  of  acceptance,  declination  or  resignation;  or 
falsely  make  the  official  endorsement  on  any  ballot,  or  wilfully  destroy 
or  deface  any  ballot  or  wilfully  delay  the  delivery  of  any  ballots,  shall 
be  punished  by  fine  not  exceeding  one  thousand  dollars,  or  by  imprison- 
ment in  the  county  jail  for  not  more  than  one  year,  or  by  both  such  fine 
and  imprisonment.     [L.  '91,  p.  163,  §35.] 

2376.  Penalty  for  neglect  of  duty — Destruction  of  ballots — Breaking 
seal  on  ballot. — Every  public  officer  upon  whom  any  duty  is  imposed  by 
this  act  who  violates  his  said  duty,  or  who  neglects  or  omits  to  perform 
the  same,  shail  be  punished,  except  as  otherwise  in  this  act  specially 
provided,  by  imprisonment  in  the  county  jail  for  a  term  not  exceeding 
one  year,  or  by  a  fine  of  not  less  than  one  hundred  dollars  and  not  more 
than  three  thousand   dollars,   or  by  both  such  fine  and   imprisonment. 


ELECTION  LAWS  151 

Any  person  or  officer  having  charge  of  official  ballots  who  shall  destroy 
or  conceal  or  suppress  them,  except  as  in  this  act  permitted,  shall  be 
guilty  of  a  felony,  and,  upon  conviction  thereof,  shall  be  punished  by  im- 
prisonment in  the  penitentiary  for  not  less  than  one  year  nor  more  than 
five  years.  Any  person  or  officer  who  has  undertaken  to  deliver  official 
ballots  to  any  city,  town  or  county  officer  of  election  who  neglects  or 
refuses  to  do  so,  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  punished  by  imprisonment  in  the  county  jail  for  not  less 
than  six  mon.ns  nor  more  than  one  year,  or  by  fine  of  not  less  than  two 
hundred  and  fifty  dollars  and  not  more  than  one  thousand  dollars,  or  by 
both  said  fine  and  imprisonment.  Any  election  officer  or  watcher  who 
shall  reveal  to  any  other  person  the  name  of  any  candidate  for  whom  a 
voter  has  voted,  or  who  shall  communicate  to  another  his  opinion,  be- 
lief or  impression  as  to  how  or  for  whom  a  voter  has  voted,  shall  be 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  punished 
by  imprisonment  in  the  county  jail  for  not  less  than  six  months  nor 
more  than  one  year,  or  by  fine  of  not  less  than  two  hundred  and  fifty  dol- 
lars nor  more  tnan  one  thousand  dollars,  or  by  both  fine  and  imprison- 
ment. Any  official  or  person,  except  those  authorized  by  law,  who  shall 
break  or  loosen  a  seal  on  a  ballot  with  the  intent  to  disclose  or  learn  the 
number  of  such  ballot,  shall  be  guilty  of  a  misdemeanor.  [L.  '91,  p.  163, 
§36.] 

2377.  Electioneering — Removing  ballot — Return  of  ballot  to  judges. — 
No  person  shall  do  any  electioneering  on  election  day  within  any  polling 
place  or  in  any  public  street  or  room,  or  in  a  public  manner,  within  one 
hundred  feet  of  any  polling  place.  No  person  shall  remove  any  official 
ballot  from  ths  polling  place  before  the  closing  of  the  polls.  No  person 
shall  show  his  ballot  after  it  is  prepared  for  voting  to  any  person  in  such 
a  way  as  to  reveal  its  contents,  nor  shall  any  person  solicit  the  voter 
to  show  the  same.  No  person,  except  a  judge  or  a  clerk  of  election, 
shall  receive  from  any  voter  a  ballot  prepared  for  voting.  No  voter 
shall  receive  an  official  .ballot  from  any  other  person  than  one  of  the 
judges  or  clerks  of  election  having  charge  of  the  ballots,  nor  shall  any 
person  other  than  such  election  officer  deliver  an  official  ballot  to  such 
voter.  No  voter  shall  place  any  mark  upon  his  ballot  by  means  of  which 
it  can  be  identified  as  the  one  voted  by  him,  and  no  other  mark  shall  be 
placed  upon  any  ballot  prepared  for  voting  other  than  the  number  of 
such  voter  on  the  poll  list,  to  be  placed  thereon  by  the  judge  or  clerk  of 
election.  Every  voter  who  does  not  vote  or  deliver  in  the  manner  herein- 
before provided  the  ballots  received  by  him  from  the  election  officers 
shall,  before  leaving  the  polling  place  or  going  outside  the  guard 
rail,  return  each  such  ballot  to  the  officer  from  whom  he  received  the 
same.  Whoever  shall  violate  any  provision  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor.  But  nothing  herein  contained  shall 
prevent  any  person  from  receiving,  delivering  and  voting  an  unofficial 
ballot  in  the  contingency  provided  for  in  section  twenty-two  of  this  act. 
[L.  '91,  p.  164,  §6/.] 

[Section  22  referred  to  is  section  2243.] 

2378.  Unlawful  to  take  liquor  into  polling  place. — It  shall  be  unlaw- 
ful for  any  person  or  any  election  judge  or  clerk  to  introduce  into  any 
polling  place,  or  to  use  therein  or  to  offer  to  another  for  use  therein,  at 
any  time  while  any  election  is  in  progress  or  the  result  thereof  being 
ascertained  by  the  counting  of  the  ballots,  any  intoxicating,  malt,  spirit- 
uous or  vinous  liquors.  It  shall  be  unlawful  for  any  officer  or  board  of 
officers  of  any  county  or  any  city  or  town,  whether  incorporated  under 
general  law  or  by  special  charter,  who  may  at  any  time  be  by  law  charged 
with  the  duty  of  designating  polling  places  for  the  holding  of  any  general 
or  special  election  therein,  to  select  therefor  a  saloon  or  a  room  within 
the  distance  of  fifty  (50)  feet  (measured  in  a  direct  line)  of  any  saloon 
or  other  place  where  any  intoxicating,  malt,  vinous  or  spirituous  liquors 
are  usually  sold,  to  be  drank  when  sold.     [L.  '91,  p.  165,  §39.] 


152  ELECTION  LAWS 

2379.  Punishment  of  offenses — Witnesses. — All  acts,  omissions  and 
neglects  of  any  person,  official  or  corporation  made  an  offense  by  the  pro- 
visions of  this  act,  and  the  punishment  for  which  is  not  herein  expressly 
designated,  shall  oe  punished  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  one  thousand  dollars,  or  by  imprisonment  in  the  county  jail 
for  not  more  than  one  year,  or  by  both  fine  and  imprisonmnent.  Any  per- 
son so  offending  against  any  provisions  of  this  act  is  a  competent  witness 
against  any  other  person  so  offending,  and  may  be  compelled  to  attenc^ 
and  testify  upon  any  trial,  hearing,  proceeding  or  investigation  in  the 
same  manner  as  any  other  person.  But  the  testimony  so  given  shall  not 
be  used  in  any  prosecution  or  proceeding,  civil  or  criminal,  against  the 
person  so  testifying,  except  for  perjury  in  giving  such  testimony.  A  per- 
son so  testifying  shall  not  thereafter  be  liable  to  indictment,  prosecution 
or  punishmient  for  the  offense  with  reference  to  which  his  testimony 
was  given,  and  may  plead  or  prove  the  giving  of  testimony  accordingly 
in  bar  of  such  indictment  or  prosecution.     [L.  '91,  p.  166,  §42.] 

2380.  Judge  signing  wrongfully — Penalty. — ^Every  judge  of  election, 
or  person  acting  as  such,  on  any  board  of  registry  who  shall  wilfully  set 
his  name  on  the  registry  roll  opposite  the  name  of  any  voter  registered 
on  such  list,  knowing  him  to  be  not  legally  entitled  to  be  registered  upon 
such  list,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  punished  by  fine  of  not  less  than  three  hundred  (300) 
dollars  nor  more  than  one  thousand  (1,000)  dollars,  or  be  imprisoned 
not  less  than  thirty  (30)  days  nor  n^ore  than  ninety  (90)  days,  or  may 
be  punished  by  both  such  fine  and  imprisonment.  [G.  S.,  §1275;  G.  L., 
§1052.] 

2381.  Penalty  for  making  false  affidavit. — If  any  person  shall  make 
an  afiidavit,  as  provided  in  section  one  hundred  and  twenty-six  of  this 
act,  for  the  purpose  of  causing  the  name  of  any  person  to  be  registered 
in  any  ward  or  precinct  in  this  state,  and  shall  in  such  affidavit  state 
falsely  the  name  of  such  person  to  be  registered  or  the  fact  of  his  hav- 
ing resided  in  such  precinct  or  ward  a  sufficient  length  of  time  to  entitle 
him  to  be  so  registered,  or  the  place  of  his  actual  habitation  or  resi- 
dence, or  the  fact  of  his  age  or  of  his  residence  within  a  sufficient  time 
to  entitle  him  to  be  registered,  the  person  so  making  a  false  affidavit 
shall  be  deemed  guilty  of  a  wilful  and  corrupt  perjury,  and,  on  convic- 
tion, shall  be  punished  accordingly.  [G.  S.,  §1276;  L.  '79,  p.  57,  §1,  amend- 
ing G.  L.,  §1053.] 

[Section  126  referred  to  Is  section  2380.] 

2382.  Penalty  for  procuring  false  registry. — Every  person  who  shall 
procure  his  own  name,  or  the  name  of  any  other  person,  to  be  registered 
on  the  list  of  registered  voters  called  the  registry  list,  in  any  ward  or 
voting  precinct  in  this  state  in  which  any  election  is  or  may  be  by  law 
authorized  to  be  held,  and  in  which  ward  or  precinct  such  person  shall 
not  be  at  the  time  of  such  registry  entitled  to  be  registered  in  such  ward 
or  voting  precinct;  or  if  any  person  shall  procure  or  attempt  to  procure 
to  be  registered  in  any  ward  or  voting  precinct  any  fictitious  name  as  the 
name  of  any  person  entitled  to  be  registered  in  such  ward  or  precinct, 
every  person  so  procuring  or  attempting  to  procure  such  registry  of  the 
name  of  any  person  not  by  law  entitled  to  be  registered,  or  any  fictitious 
name  in  manner  aforesaid,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  fined  not  less  than  two  hundred  (200) 
dollars  nor  more  than  five  hundered  (500)  dollars,  or  be  imprisoned  not 
less  than  ten  (10)  nor  more  than  forty  (40)  days  for  each  and  every 
offense,  or  may  be  punished  by  both  such  fine  and  imprisonment.  [G.  S., 
§1277;  G.  L.,  §1054.] 

2383.  Penalty  for  adding  names  to  completed  registry. — The  registry 
of  voters'  names  shall  be  completed  on  the  evening  next  preceding  each 
and  every  election  appointed  by  law  to  be  held  in  each  and  every  pre- 
cinct, and  no  name  shall  be  added  to  the  registry  list  in  any  ward  or 
precinct  after  the  close  of  the  registration  on  the  day  preceding  such 


ELECTION  LAWS  153 

election;  and  in  case  any  judge  of  election  or  person  acting  as  member 
of  any  board  of  registry  shall  wilfully  and  knowingly  add  any  name  or 
names  of  any  person  or  any  fictitious  or  false  name  to  the  list  of  regis- 
tered voters  in  any  ward  or  voting  precinct  after  the  close  of  the  registry 
of  voters'  names,  on  the  next  day  preceding  any  election  in  such  ward 
or  voting  precinct  according  to  law,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  on  conviction  thereof,  shall  be  punished  by  a  fine  of  not 
less  than  two  hundred  (200)  dollars  nor  more  than  five  hundred  (500) 
dollars  for  each  and  every  offense.  [G.  S.,  §1278;  G.  L.,  §1055.] 
[See  section  2249.] 

2384.  Fines  paid  for  use  of  school  fund. — All  fines  or  forfeitures 
collected  under  the  provisions  of  this  act  shall  be  paid  to  the  county 
treasurer  of  the  county  wherein  the  offense  was  committed  for  the 
benefit  of  the  school  fund  of  such  county.     [G.  S.,  §1279;   G.  L.,  §1056.] 

2385.  Closing  saloons — Penalty  for  selling  liquors. — No  saloon  or 
other  place  at  which  intoxicating  liquors  are  sold  shall  be  open  during 
the  day  of  any  general  or  special  election  in  this  state.  Any  saloon 
keeper  or  other  person  who  shall  sell,  barter  or  give  away  any  intoxi- 
cating liquors  during  the  day  of  any  general  or  special  election  before 
the  polls  are  closed  on  such  aay  shall,  for  each  and  every  offense,  be 
liable  to  pay  a  fine  of  fifty  dollars,  or  be  imprisoned  twenty  days,  or  both, 
at  the  discretion  of  the  court  in  which  the  case  may  be  tried.  [G.  S., 
§1220;  G.  L.,  §996.] 

2386.  Selling  liquors  between  sunrise  and  sunset  on  election  day.— 
If  any  inn-keeper  or  any  hotel,  tavern,  saloon  or  other  place,  whether 
licensed  to  vend  spirituous,  vinous,  fermented  or  malt  liquors  or  not, 
or  any  other  person,  shall  barter,  sell  or  give  away  to  any  person  or 
persons  any  spirituous,  vinous,  fermented  or  malt  liquors  between  the 
hours  of  sunrise  and  sunset  on  the  day  of  any  general  election  in  this 
state,  or  within  any  incorporated  city  in  this  state,  between  the  hours 
above  named,  on  the  day  of  the  election  of  the  mayor  thereof,  shall, 
upon  conviction  thereof  before  any  justice  of  the  peace  or  court  of 
competent  jurisdiction,  forfeit  and  pay  a  fine  of  not  less  than  ten  nor 
more  than  one  hundred  dollars  for  the  first  offense,  and  for  a  second 
offense  a  fine  of  not  less  than  fifty  nor  more  than  two  hundred  dollars. 
[G.  S.,  §856;  G.  L.,  §851;  R.  S.,  p.  254,  §247.] 

2387.  Personating  voter — Penalty. — Any  person  who  shall  falsely 
personate  any  voter  and  vote  under  the  name  of  such  voter  shall,  upon 
conviction,  be  punished  by  confinement  and  hard  labor  in  the  state  peni- 
tentiary not  exceeding  three  years.     [G.  S.,  §1222;  G.  L.,  §998.] 

2388.  False  swearing — Penalty. — If  any  elector  challenged  as  un- 
qualified, shall  be  guilty  of  wilful  and  corrupt  false  swearing  or  affirma- 
tion by  any  oath  or  affirmation  prescribed  by  this  act,  such  persons  shall 
be  adjudged  guilty  of  wilful  and  corrupt  perjury.  [G.  S.,  §1223;  G.  L., 
§999.] 

2389.  Suborning  perjury — Penalty. — Every  l)erson  who  shall  wil- 
fully and  corruptly  procure  any  person  to  swear  or  affirm  falsely  as  afore- 
said shall  be  adjudged  guilty  of  subornation  of  perjury,  and  shall,  upon 
conviction  thereof,  suffer  the  punishment  provided  by  law  in  cases  of 
wilful  and  corrupt  perjury.     [G.  S.,  §1224;  G.  L.,  §1000.] 

2390.  Punishment  for  neglect  of  officers — Misconduct. — If  any  offi- 
cer on  whom  any  duty  is  enjoined  by  this  act  shall  be  guilty  of  any  wilful 
neglect  of  such  duty,  or  of  any  corrupt  conduct  in  the  execution  of  the 
same,  and  be  thereof  convicted,  he  shall  be  deemed  guilty  of  a  misde- 
meanor, punishable  by  fine  or  imprisonment,  the  fine  in  no  case  to  exceed 
the  sum  of  five  hundred  dollars,  nor  the  imprisonment  the  term  of  on© 
year.     [G.  S.,  §1225;  G.  L.,  §1001.) 


154  ELECTION  LAWS 

2391.  Judge  admitting  illegal  vote — Penalty. — In  case  any  judge  of 
election  shall  knowingly  and  wilfully  permit  any  person  to  vote  at  any 
election  who  is  not  entitled  to  vote  thereat,  the  said  judge  so  offending 
shall,  on  conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor,  and 
shall  be  sentenced  to  pay  a  fine  not  exceeding  five  hundred  dollars,  or 
be  imprisoned  in  the  county  jail  not  exceeding  six  months.  [G.  S., 
§1226;  G.  L.,  §1002.] 

[See  L  '10,  p.  42,  section  43.] 
[See  section  2380.] 

2392.  Bribing  or  influencing  vote — Menace — Penalty. — If  any  person 
shall,  by  bribery,  menace  or  other  corrupt  means  or  device  whatsoever, 
either  directly  or  indirectly,  attempt  to  influence  any  voter  of  this  state, 
in  giving  his  vote  or  ballot,  or  deter  him  from  giving  the  same,  or  dis- 
turb or  hinder  him  in  the  free  exercise  of  the  right  of  suffrage  at  any 
election  in  this  state,  or  shall  fraudulently  or  deceitfully  change  or  alter 
a  ballot,  or  cause  any  other  deceit  to  be  practiced  with  intent  fraudu- 
lently to  induce  such  elector  to  deposit  the  same  as  his  vote,  and 
thereby  have  the  same  thrown  out  and  not  counted,  every  person  so 
offending  against  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  punishable  by  fine  not  exceeding  two  hundred  and  fifty 
dollars  or  by  imprisonment  not  exceeding  six  months.  [G.  S.,  §1227; 
G.  L.,  §1003.] 

[See  sections  2363  to  2367.] 

2393.  Voting  in  wrong  wards — Penalty. — Any  person  who,  at  any  gen- 
eral or  special  election,  or  any  city  or  charter  election,  shall  knowingly 
vote  or  offer  to  vote  in  any  election  precinct  or  ward  in  which  he  does 
not  reside  shall,  on  conviction,  be  adjudged  guilty  of  a  misdemeanor, 
and  punishable  by  fine  not  exceeding  two  hundred  dollars,  or  by  im- 
prisonment not  exceeding  six  months.     [G.  S.,  §1228;  G.  L.,  §1004.] 

2394.  Receiving  bribe — Penalty. — If  any  elector  shall  accept  or  re- 
ceive from  any  person  whomsoever  any  money  or  other  valuable  thing 
for  and  in  consideration  of  his  voting  for  or  against  any  person  or  per- 
sons who  are  candidates  at  any  election  in  this  state,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  punishable  by  a  fine  not  exceeding  two 
hundred  dollars,  or  by  imprisonment  not  exceeding  six  months.  [G.  S., 
§1229;  G.  L.,  §1005.] 

2395.  Mutilating,   taking   away   or  destroying   poll    book — Penalty. — ' 

If  any  person  shall  mutilate  or  erase  any  name,  figure  or  word  in  a 
poll  book,  taken  or  kept  at  any  election;  or  if  any  person  shall  take  away 
such  poll  book  from  the  place  where  it  has  been  deposited  for  safe 
keeping  with  an  intention  to  destroy  the  same,  or  to  procure  or  prevent 
the  election  of  any  person;  or  if  any  person  shall  destroy  any  poll. book 
so  taken  and  kept  at  any  election,  he  or  she  shall  be  deemed  guilty  of 
a  misdemeanor,  and,  on  conviction,  shall  be  fined  not  exceeding  five 
hundred  dollars  or  imprisoned  not  exceeding  sixty  days  in  the  county 
jail.  [G.  S.,  §1230;  G.  L.,  §10-06.] 
[See  section  2373.] 

2396.  Frauds  at  primaries  or  conventions. — Any  person  at  any  cau- 
cus, convention,  or  primary  election,  called  by  whatever  authority,  for 
the  purpose  of  nominating  public  ofl^icers,  to  be  voted  for  at  any  election 
held  under  the  laws  of  this  state,  or  under  the  ordinances  of  any  city  or 
town,  or  both,  or  at  any  caucus,  convention  or  primary  election,  held 
for  the  purpose  of  choosing  delegates  to  any  convention  to  nominate 
any  of  the  aforesaid  officers,  who  shall: 

First — Fraudulently  vote  or  attempt  to  vote  more  than  once;   or 
Second — Shall  knowingly  hand  in   two   or  more   tickets   deceitfully 

folded  together;  or. 

Third — Shall  add,  or  attempt  to  add,  any  illegal  ballot  to  the  ballots 

that  have  been  cast;  or. 


ELECTION  LAWS  155 

Fourth — Shall  knowingly  procure,  aid,  counsel  or  advise  another 
to  vote  or  attempt  to  vote  fraudulently,  illegally  or  corruptly;  or, 

Fifth — Shall  falsely  personate  any  voter  and  vote  or  attempt  to  vote 
under  his  name,  or  under  an  assumed  nani,e;  or, 

8ixth — Shall  fraudulently  procure,  aid,  abet,  or  encourage,  directly 
or  indirectly,  any  person  to  attempt  to  falsely  personate  any  voter,  or 
to  vote  under  an  assumed  name;  or, 

Seventh — Shall,  by  bribery,  menace,  or  any  other  corrupt,  unlawful, 
or  fraudulent  means,  attempt  to  influence  any  voter  in  the  casting  of 
his  vote;  or, 

Eighth — Shall  receive  any  money  or  valuable  thing,  or  the  promise 
of  either,  for  casting  his  vote  for  or  against  any  person,  or  persons, 
measure  or  measures,  or  shall  offer  his  vote  for  or  against  any  person 
or  persons,  measure  or  measures,  in  consideration  of  money  or  other 
valuable  thing,  or  the  promise  of  either;  in  every  such  instance  such 
person  shall  be  guilty  of  a  misdemeanor,  and  punished  as  provided  by 
this  act.     [L.  '87,  p.  347,  §1.] 

[See  Constitution,  art.  VII,  section  11;  also  sections  2362,  2363  and  2364.] 

2397.  Bribery  at  primaries  or  conventions. — Any  person  at  any 
caucus,  convention,  or  primary  election,  called  by  whatever  authority, 
for  the  purpose  of  nominating  public  officers,  to  be  voted  for  at  any 
election  held  under  the  laws  of  this  state,  or  under  the  ordinances  of  any 
city  or  town,  or  both,  or  at  any  caucus,  convention  or  primary  election, 
held  for  the  purpose  of  choosing  delegates  to  any  convention  to  nomi- 
nate any  of  the  officers  aforesaid,  who  shall,  with  the  intent  to  promote 
the  election  of  himself,  or  any  other  person,  at  such  caucus,  convention 
or  primary  election.  First — Furnish  any  public  entertainment  of  any 
kind  to  any  elector,  or  pay  for,  procure  or  engage  to  pay  for,  or  in  any 
way  become  liable  for  such  entertainment;  or,  Second — Shall  engage 
directly  or  indirectly  to  pay  or  deliver  any  money  or  property  for  any 
purpose,  intended  to  promote  the  election  of  any  person  at  any  such  cau- 
cus, convention,  or  primary  election,  except  for  the  purpose  of  printing 
tickets  or  hand  bills,  and  other  papers,  or  for  the  purpose  of  holding 
public  meetings  for  the  discussion  of  public  questions;  in  all  such  cases 
the  person  so  offending  shall  be  deemied  guilty  of  a  misdemeanor,  and 
punished  as  provided  for  in  this  act.     [L.  '87,  p.  348,  §2.] 

2398.  IVIembers  of  another  party  may  not  vote. — Any  person  at  any 
such  caucus,  convention,  or  primary  election  as  is  described  in  this  act, 
who  is  at  the  time  a  member  in  good  faith  of  a  different  political  party 
than  the  one  holding  such  caucus,  convention,  or  primary  election,  and 
who  shall  fraudulently  participate  in,  and  vote  in  such  caucus,  conven- 
tion, or  primary  election,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
punished  as  provided  in  this  act.  The  question  of  the  good  faith  of  the 
voter   shall  be  left  as  a  question  of  fact  to  the  jury.     [L.  '87,  p.  348,  §3.] 

2399.  Penalty. — Any  person  convicted  of  a  misdemeanor  under  this 
act  shall  be  fined  by  the  court,  in  a  sum  not  less  than  one  hundred  dol- 
lars, and  not  exceeding  one  thousand  dollars,  or  shall  be  imprisoned  in 
the  county  jail  not  less  than  thirty  days  and  not  more  than  nine  months, 
or  by  both  such  fine  and  imprisonment.     [L.  '87,  p.  349,  §4.] 

2400.  Frauds  by  primary  or  convention  officials — Penalty. — Any 
person  in  authority  at  any  caucus,  convention,  or  primary  election,  as 
described  in  this  act,  as  judge  of  election,  clerk  of  election,  or  otherwise, 
who  shall:  First — In  any  manner,  dishonestly,  or  corruptly,  or  fraudu- 
lently perform  any  act  devolving  on  him  by  virtue  of  the  position  of 
trust  \yhich  he  fills;  or,  Second — Shall  knowingly  aid  or  abet  any  other 
person  to  do  any  fraudulent,  dishonest,  or  corrupt  act  or  thing  in  ref- 
erence to  the  carrying  on  of  such  caucus,  convention  or  primary  elec- 
tion, or  the  ascertaining,  or  promulgating  of  its  true  will,  shall,  in  each 
case,  be  guilty  of  a  felony,  and  may  be  punished  by  a  fine  of  not  less 
than  three  hundred  dollars,  nor  more  than  two  thousand  dollars,  or,  by 


156  ELECTION  LAWS 

imprisonment  in  the  penitentiary  for  a  term  not  to  exceed  two  years,  or 
by  both  such  fine  and  imprisonment.     [L.  '87,  p.  349,  §5.] 
[See  section  2391.] 

2401.  Employers  not  to  influence  employes. — Incorporated  employers 
of  help  shall  not,  in  any  manner,  attempt  to  influence  or  control  the 
action  of  their  employes  in  casting  their  votes  for  or  against  any  per- 
son or  persons,  measure  or  measures,  at  any  caucus,  convention,  or 
primary  election  described  in  this  act.  The  act  of  any  boss,  master 
workman,  or  one  acting  in  authority  among  such  employes,  with  the 
consent  of  the  employer,  shall  be  construed  to  be  the  act  of  such  em- 
ployer. Any  employer  violating  this  section  shall  be  deemed  guilty  of 
a  misdemeanor,  and  fined  in  a  sum  not  less  than  five  hundred  nor  more 
than  five  thousand  dollars.  Any  number  of  distinct  violations  of  this 
section  occurring  at  the  same  caucus,  convention  or  primary  election 
may  be  charged  in  one  indictnuent  in  different  counts,  and  all  tried  in 
the  same  action,  the  jury  specifying  the  counts,  if  any,  on  which  the 
defendant  is  found  guilty.     [L.  '87,  p.  349,  §6.] 

[See  Constitution,  art.  VII,  section  11.] 

Forging  Ballots. — EJvery  person  who  shall  forge,  alter,  change  or 
counterfeit  any  ballot  before  or  after  it  has  been  cast  or  who  shall  cause 
said  ballot  to  misstate  in  any  way  the  wishes  of  the  voter  casting  the 
same,  shall  be  deemed  guilty  of  a  forgery  and  punished  accordingly. 
[L.  '15,  p.  228,  §1.] 

False  Certification. — Any  notary  public  or  any  officer  authorized  by 
law  to  administer  oaths,  who  shall  knowingly  make  a  false  certificate  in 
regard  to  a  matter  connected  with  an  election  held  under  the  laws  of 
this  state,  shall  be  guilty  of  a  misdemeanor  and  fined  in  any  sum  not 
less  than  two  hundred  dollars  nor  more  than  five  hundred  dollars,  or 
imprisoned  in  the  county  jail  not  less  than  three  months  nor  more  than 
six  months,  or  both.     Section  1,  Chapter  114,  page  290,  Laws  1921. 

Offenses  by  Officials  in  Charter  Cities. — Every  judge,  clerk  or  other 
election  official  charged  with  any  duty  at  or  in  connection  with  any 
election  held  in  any  city  which  shall  have  adopted  a  charter  under  the 
provisions  of  Article  XX  of  the  Constitution  of  the  State  of  Colorado, 
who,  while  so  acting,  violates  any  duty  imposed  upon  him  by  the  laws 
of  the  State  of  Colorado,  shall  be  punished  by  imprisonment  in  the 
county  jail  for  a  term  not  exceeding  one  year,  or  by  a  fine  of  not  less 
than  one  hundred  dollars  and  not  more  than  three  thousand  dollars,  or 
by  both  such  fine  and  imprisonment.  Section  1,  Chapter  115,  page  291, 
Laws  1921.  ^ 

V.    LOCATION    AND    REMOVAL    OF    COUNTY    SEATS. 

Section  Section 

1165.  People   of   county   may   locate       1171.     Locating      county      seat — Spe- 

seat  by  election.  cial    judges — Special    boxes. 

1166.  Ballots — Majority — Notice     ot       1172.     Special      registry — -Residence 

location  in  county  and  precinct. 

1167.  Removal     of     county     seats —       1173.     Polling     places — Special     bal- 

Election.  lot. 

1168.  If   no   choice,    special    election        1174.     Removal     thirty     days     after 

— Notice.  canvass. 

1169.  County     commissioners     make       1175.     General   election   laws  apply. 

survey.  — Contests. 

1170.  Unorganized        counties       not       1176.     Election     laws     applicable     to 

taxed  for  buildings.  contest. 

1165.  People  of  county  may  locate  county  seat  by  election. — It  is 
further  provided  that  the  people  may  locate  permanently  the  county  seat 
In  any  part  of  the  county,  by  a  vote  of  the  majority  of  the  legal  voters 
in  each  county  according  to  law.  [G.  S.,  §683;  G.  L..,  §370;  R.  S.,  p.  162, 
§40.] 

1.  The  act  of  February  11th,  A.  D.  1881  (Laws  1881,  103,  Revised  Statutes 
Sections  1171-1176),  was  Intended  to  establish  a  uniform  procedure  regulat- 


ELECTION  LAWS  157 

ing  all  elections  concerningr  county  seats.  It  applies  to  the  conduct  of  an 
election  for  the  permanent  location  of  a  county  seat.  Sugar  City  vs.  Com- 
missioners, 57  Colo.,  432. 

2.  In  view  of  Section  2,  Article  XIV,  and  Section  1  of  Article  VII  of 
the  Constitution,  whether  the  same  rule  as  to  residence  should  be  adopted  in 
elections  for  the  location  of  a  county  seat,  as  in  one  for  the  removal  of  a 
county  seat  is  a  question  for  the  legislature.  The  provisions  of  the  act  of 
1881,  as  to  this  matter  are  within  the  legislative  power.  Sugar  City  vs. 
Commissioners,    57    Colo.,    432. 

1166.  Ballots — Majority — Notice  of  location. — Whenever  any  county 
shall  be  organized  hereafter,  the  qualified  voters  thereof  are  hereby  em- 
powered to  select  the  place  of  their  county  seat  by  a  vote  at  the  first  elec- 
tion held  in  the  county  for  the  choice  of  county  oflBcers.  For  that  purpose 
each  voter  may  designate  in  his  ballot  the  place  of  his  choice  for  the 
county  seat;  and  when  the  votes  are  canvassed  the  place  having  a  ma- 
jority of  all  the  votes  polled  shall  be  the  county  seat;  and  public  notice 
of  said  location  shall  be  given  within  thirty  days,  by  the  county  com- 
missioners, by  posting  up  notices  in  three  public  places  in  the  county. 
[G.  S.,  §684;   G.  L.,  §371;  R.  S.,  p.  162,  §41.] 

1.     See  notes  1  and  2  under  Section  1165. 

1167.  Petition  to  county  commissioners — Notice — Majority  for 
change — Proviso  in  case  there  are  no  county  buildings. — Whenever  the 
legal  taxpayers  of  any  county  in  this  state  are  desirous  of  changing  the 
county  seat  of  the  county  in  which  they  reside,  from  the  place  where 
such  county  seat  has  been  permanently  located,  they  may  at  any  time, 
present  to  the  county  commissioners  of  such  county,  a  petition  signed 
by  a  majority  of  such  taxpayers  whose  names  shall  appear  on  the  last 
tax  roll,  provided  that  no  names  shall  be  withdrawn  from  said  petition 
after  the  same  has  been  presented  to  the  Board  of  County  Commission- 
ers except  in  cases  of  actual  fraud  in  the  procuring  of  signatures  to  the 
same;  and  thereupon  it  shall  oe  the  duty  of  such  commissioners  to  re- 
quire the  county  clerk,  in  giving  notice  for  the  next  general  election, 
to  notify  the  legal  voters  of  said  county,  who  have  resided  in  the  county 
six  months  and  the  election  precinct  ninety  days  next  preceding  such 
election,  to  designate  upon  their  ballots  at  such  election,  the  place  of 
their  choice,  and  if  upon  canvassing  the  votes  polled  or  given,  it  shall 
appear  that  any  one  place  has  two-thirds  of  all  legal  votes  polled  or 
given,  such  place  shall  be  the  county  seat,  and  notice  of  any  change 
thereby  made  shall  be  given  as  provided  by  law;  Provided,  That  where 
there  are  no  county  buildings  and  the  petition  so  states,  it  shall  not 
be  necessary  for  such  majority  to  be  more  than  a  mere  majority  of  all 
the  legal  votes  cast  to  effect  such  removal;  Provided,  further.  That  the 
term  "legal  taxpayers,"  as  used  in  this  section  shall  be  held  to  mean 
and  include  only  those  persons  who  are  qualified  voters  under  the  regis- 
tration and  election  laws  of  this  state,  and  who  in  the  calendar  year 
last  preceding  the  year  in  which  such  petition  is  presented  as  aforesaid, 
shall  have  paid  a  tax,  or  be  liable  for  the  payment  of  such  tax  on  real 
or  personal  property,  assessed  to  them  and  owned  by  them  in  the  county 
in  which  such  petition  is  presented.     fL.  '13,  p.  229.] 

1.  Under  Section  1167  of  the  Revised  Statutes,  as  amended  by  c.  105 
of  the  Laws  of  1911,  a  remonstrance  to  raise  the  question  as  to  the  value  of 
county  buildings  is  sufficient,  if  subscribed  by  one-fourth  of  the  remaining 
taxpayers,  after  eliminating  those  whose  names  appear  upon  petition  for  the 
election.      Commissioners   vs.    People,    61    Colo.,    1. 

1168.  If  no  choice,  special  election — Notice. — If  no  place  has  a  ma- 
jority of  all  the  votes  polled  in  either  of  such  elections  for  the  location 
or  change  of  the  county  seat,  it  shall  be  the  duty  of  the  county  com- 
missioners, within  one  month  after  any  such  election,  to  order  a  special 
election  and  give  ten  days'  notice  thereof,  in  each  township  in  the 
county,  at  which  election  votes  shall  be  taken  by  ballot  the  same  as  at 
the  general  election,  and  if  no  place  then  have  a  majority  of  all  the 
votes,  the  county  seat  shall  not  be  changed  until  the  next  general  elec- 
tion, when  a  vote  may  again  be  taken  as  provided  in  section  twenty- 
two.     [G.  S.,  §686;  R.  S.,  p.  163,  §43.] 

[Section  22  referred  to  Is  section  1166.] 


158  ELECTION  LAWS 

1169.  County  commissioners  make  survey. — The  aforesaid  county 
commissioners  shall  have  power  to  make  all  needful  arrangements  for 
having  such  county  seat  surveyed  into  lots,  squares,  streets  and  alleys, 
selling  and  disposing  of  the  same,  erecting  a  jail  house,  court  house  or 
other  county  buildings  as  to  them  may  seem  best.  [G.  S.,  §687;  G.  L., 
§372;   R.  S.,  p.  163,  §44.] 

1170.  Unorganized  counties  not  taxed  for  buildings. — The  people  of 
no  unorganized  county  in  this  territory  shall  be  taxed  for  the  erection 
of  any  public  buildings  in  the  county  to  which  they  may  be  attached  for 
judicial  or  military  purposes.     [G.  S.,  §688;  R.  S.,  p.  162,  §39.] 

1171.  Locating  county  seat — Special  judges — Special  boxes. — That 
whenever  an  election  shall  be  ordered  by  the  board  of  county  commis- 
sioners of  any  county  to  ascertain  the  sense  of  the  legal  voters  of  such 
county  upon  the  question  of  removal  or  location  of  the  county  seat  of 
such  county,  it  shall  be  the  duty  of  such  board  of  county  commissioners 
to  appoint  special  judges  and  registers  of  such  elections,  and  to  pro- 
vide a  special  ballot  box  in  each  voting  precinct,  in  which  shall  be  de- 
posited all  the  ballots  cast  at  such  election  in  such  precinct  on  the  ques- 
tion of  location  or  removal  of  the  county  seat.  [G.  S.,  §1284;  L.  '81,  p. 
103,  §1.] 

1.     See  notes  1  and  2  under  Section  1165. 

1172.  Special  registry — Residence  In  county  and  precinct. — It  shall 
be  the  duty  of  the  judges  and  registers  so  appointed  to  make  a  special 
registration  of  the  voters  of  each  precinct  who  have  resided  in  the  county 
at  least  six  months  and  in  such  precinct  at  least  ninety  days  prior  to 
the  day  designated  for  holding  such  election,  which  day  shall  be  the 
day  designated  by  law  for  holding  a  general  election,  and  no  other.  [G. 
S.,  §1285;  L.  '81,  p.  114,  §2.] 

1173.  Polling  places — Special  ballot. — The  election  shall  be  held  at 
the  same  places  at  which  the  general  election  is  ordered  to  be  held,  but 
the  vote  for  or  against  removal  or  location  of  the  county  seat  shall  be 
by  a  special  ballot,  separate  and  distinct  from  the  general  ticket  voted 
at  said  election,  which  ballot  shall  be  deposited  In  the  special  ballot 
box  provided  for  in  section  1  of  this  act,  and  no  vote  shall  be  counted 
for  or  against  said  removal  or  location  which  is  not  deposited  in  such 
special  ballot  box  as  herein  provided.     [G.  S.,  §1286;  L.  '81,  p.  104,  §3.] 

[Section  1  referred  to  is  section  1171.] 

1174.  Removal  thirty  days  after  canvass. — No  county  seat  shall  be 
removed  until  the  expiration  of  thirty  days  after  the  canvass  of  the 
votes  had  by  the  county  canvassers  upon  the  question  of  location  or 
removal,  nor  until  the  board  of  county  commissioners  of  such  county 
shall  have  made  and  entered  of  record  on  their  journal  an  order  direct- 
ing such  removal,  which  order  the  said  board  shall  make  within  thirty 
(30)  days  after  the  county  canvass  is  completed,  unless  enjoined  or 
restrained  from  so  doing  by  an  order  of  the  district  court  of  said  county 
or  the  judge  thereof,  or  by  the  supreme  court.  [G.  S.,  §1287;  L.  '81, 
p.  104,  §4.] 

1175.  General  election  laws  apply — Contests. — All  laws  now  in  force 
relating  to  election  shall  apply  to  elections  held  upon  the  question  of 
removal  or  location  of  county  seats,  except  that  the  question  of  location 
of  such  county  seat  shall  be  contested  in  the  district  court  of  said 
county  in  the  first  instance,  but  may  be  removed  to  the  district  court 
of  any  other  county  under  the  provisions  of  the  code  relating  to  change 
of  the  place  of  trial,  and  shall  be  also  subject  to  appeal  or  writ  of  error 
to  the  supreme  court;  Provided,  That  not  less  than  two-thirds  of  all  the 
legal  votes  cast  shall  be  necessary  to  effect  the  removal  of  the  county 
seat  of  any  county  in  this  state.     [G.  S.,  §1288;  L.  '81,  p.  104,  §5.] 


ELJiCTlON  LAWS  159 

1176.  Election  laws  applicable  to  contests. — All  laws  governing  con- 
tests of  elections  shall  be  held  applicable  to  contests  of  county  seat 
elections,  except  that  the  board  of  county  commissioners  of  the  county 
shall  in  all  cases  be  the  contestee,  and  that  the  contest  shall  be  con- 
ducted in  the  district  court  of  the  proper  county.  Such  district  court 
or  the  judge  thereof  in  vacation  may  appoint  a  referee  to  take  testimony 
in  relation  to  the  grounds  of  contest  alleged  by  the  contestor,  which 
referee  may  sit  to  take  evidence  in  any  precinct  of  his  county.  [G.  S., 
§1289;   L.  '81,  p.  104,  §6.] 

[For  contest  of  elections  see  sections  2287-2319.] 


VI.    REAPPOINTMENT, 
(a)      CONGRESSIONAI.. 

Section  1.  Congressional  districts.^For  the  election  of  Representa- 
lives  to  Congress,  the  State  of  Colorado  is  hereby  divided  into  four  Con- 
gressional  Districts  as   follows: 

The  City  and  County  of  Denver  shall  constitute  the  First  District. 

The  Counties  of  Adams,  Arapahoe,  Boulder,  Cheyenne,  Clear  Creek, 
Douglas,  Elbert,  Gilpin,  Jefferson,  Kit  Carson,  Larimer,  Lincoln,  Logan, 
Morgan,  Phillips,  Sedgwick,  Washington,  Weld  and  Yuma  shall  consti- 
tute the  Second  Congressional  District. 

The  Counties  of  Alamosa,  Baca,  Bent,  Conejos,  Costilla,  Crowley, 
Custer,  El  Paso,  Fremont,  Huerfano,  Kiowa,  Las  Animas,  Mineral,  Otero, 
Prowers,  Pueblo,  Rio  Grande,  Saguache  and  Teller  shall  constitute  the 
Third  Congressional  District. 

The  Counties  of  Archuleta,   Chaffee,   Delta,  Dolores,   Eagle,  Garfield, 
Grand,  Gunnison,  Hinsdale,  Jackson,  Lake,  La  Plata,  Mesa,  Moffat,  Mon- 
tezuma, Montrose,  Ouray,  Park,  Pitkin,  Rio  Blanco,  Routt,  San  Juan,  San 
Miguel  and  Summit  shall  constitute  the  Fourth  Congressional  District. 
[L.  1921,  p.  170.] 

(b).     ZiEGISI^ATIVi:. 

Section  1.  Members  General  Assembly. — The  General  Assembly  of 
Ihe  state  of  Colorado  shall  consist  of  one  hundred  members,  and  the 
Senate  thereof  shall  consist  of  thirty-five  members,  and  the  House  of 
Representatives  of  sixty-five  members.  Provided  that  no  senatorial  or 
representative  district  shall  embrace  the  same  territory  within  any  other 
senatorial  or  representative  district. 

Sec.  2.  Senatorial  districts. — Until  otherwise  provided  by  law  the 
state  of  Colorado  shall  be  divided  into  senatorial  districts,  numbered  and 
entitled  to  the  number  of  senators  as  follows: 

The  City  and  County  of  Denver  shall  constitute  the  first  senatorial 
district  and  be  entitled  to  seven  senators. 

The  County  of  Pueblo  shall  constitute  the  second  senatorial  dis- 
trict and  be  entitled  to  two  senators. 

The  County  of  El  Paso  shall  constitute  the  third  senatorial  district 
and  be  entitled  to  two  senators. 

The  County  of  Las  Animas  shall  constitute  the  fourth  senatorial 
district  and  be  entitled  to  one  senator. 

The  County  of  Boulder  shall  constitute  the  fifth  senatorial  district 
and  be  entitled  to  one  senator. 

The  Counties  of  Chaffee  and  Lake  shall  constitute  the  sixth  sena- 
torial district  and  be  entitled  to  one  senator. 

The  County  of  Weld  shall  constitute  the  seventh  senatorial  district 
and  be  entitled  to  one  senator. 

The  County  of  Jefferson  shall  constitute  ♦^^e  eighth  senatorial  dis- 
trict and  be  entitled  to  one  senator. 


160  ELECTION  LAWS 

The  County  of  FYemont  shall  constitute  the  ninth  senatorial  district 
and  be  entitled  to  one  senator. 

The  County  of  Larimer  shall  constitute  the  tenth  senatorial  district 
and  be  entitled  to  one  senator. 

The  Counties  of  Gunnison  and  Delta  shall  constitute  the  eleventh 
senatorial  district  and  be  entitled  to  one  senator. 

The  Counties  of  Logan,  Sedgwick,  Phillips,  Washington  and  Yuma 
shall  constitute  the  twelfth  senatorial  district  and  be  entitled  to  one 
senator. 

The  Counties  of  Jackson,  Routt,  Rio  Blanco  and  Moffat  shall  con- 
stitute the  thirteenth  senatorial  district  and  be  entitled  to  one  senator. 

The  Counties  of  Costilla,  Huerfano  and  Custer  shall  constitute  the 
fourteenth  senatorial  district  and  be  entitled  to  one  senator. 

The  Counties  of  Rio  Grande,  Saguache  and  Mineral  shall  constitute 
the  fifteenth  senatorial  district  and  be  entitled  to  one  senator. 

The  County  of  Mesa  shall  constitute  the  sixteenth  senatorial  dis- 
trict and  be  entitled  to  one  senator. 

The  Counties  of  Dolores,  Montrose  and  San  Miguel  shall  constitute 
the  seventeenth  senatorial  district  and  be  entitled  to  one  senator. 

The  Counties  of  Hinsdale,  Ouray,  San  Juan  and  Archuleta  shall 
constitute  the  eighteenth  senatorial  district  and  be  entitled  to  one 
senator. 

The  Counties  of  La  Plata  and  Montezuma  shall  constitute  the  nine- 
teenth senatorial  district  and  be  entitled  to  one  senator. 

.     The    Counties    of   Teller    and    Park   shall    constitute    the    twentieth 
senatorial  district  and  be  entitled  to  one  senator. 

The  Counties  of  Eagle,  Garfield  and  Pitkin  shall  constitute  the 
twenty-first  senatorial  district  and  be  entitled  to  one  senator. 

The  Counties  of  Adams,  Arapahoe  and  Morgan  shall  constitute  the 
twenty-second  senatorial  district  and  be  entitled  to  one  senator. 

The  Counties  of  Crowley  and  Otero  shall  constitute  the  twenty-third 
senatorial  district  and  be  entitled  to  one  senator. 

The  Counties  of  Conejos  and  Alamosa  shall  constitute  the  twenty- 
fourth  senatorial  district  and  be  entitled  to  one  senator. 

The  Counties  of  Baca,  Bent,  Kiowa  and  Prowers  shall  constitute  the 
twenty-fifth  senatorial  district  and  be  entitled  to  one  senator. 

The  Counties  of  Clear  Creek,  Gilpin,  Grand  and  Summit  shall  con- 
stitute the  twenty-sixth  senatorial  district  and  be  entitled  to  one  senator. 

The  Counties  of  Kit  Carson,  Cheyenne,  Douglas,  Elbert  and  Lincoln 
f.hall  constitute  the  twenty-seventh  senatorial  district  and  be  entitled  to 
one  senator. 

Sec.  3.  Elections  of  senators. — Four  senators  shall  be  elected  from 
the  First  Senatorial  district,  and  one  each  from  the  Second,  Third,  Sixth, 
Tenth,  Twelfth,  Fourteenth,  Fifteenth,  Sixteenth,  Seventeenth,  Eigh- 
teenth, Twentieth,  Twenty-fifth  and  Twenty-seventh  districts  at  the  gen- 
eral election  held  in  November,  1918,  and  their  successors  every  four 
years  thereafter. 

Three  Senators  shall  be  elected  from  the  First  Senatorial  district 
and  one  each  from  the  Second,  Third,  Fourth,  Fifth,  Seventh,  Eighth, 
Ninth,  Eleventh,  Thirteenth,  Nineteenth,  Twenty-first,  Twenty-second, 
Twenty-third,  Twenty-fourth  and  Twenty-sixth  districts  at  the  general 
election  held  in  November,  1920,  and  their  successors  every  fo'ir  years 
thereafter. 

[L.  1917.  p.  424,  amending  L.  '13.  p.  521.1 

Sec.  4.  No  removal  for  term  elected. — Nothing  in  this  act  shall  be 
construed  to  work  the  removal  of  any  senator  from  his  office  for  the 
term  for  which  he  mav  have  been  elected,  but  all  such  senators  shall 
serve  the  term  for  which  they  were  elected;   Provided,  That  In  case  of  a 


ELECTION  LAWS  161 

vacancy  caused  by  the  death,  resignation  or  otherwise  of  any  such  sen- 
ator, or  senators,  the  vacancy  shall  be  filled  from  the  new  district,  as 
provided  for  in  this  Act,  and  in  the  event  that  any  new  county  is  created 
at  any  time  after  the  passage  of  this  Act,  and  the  legislature  has  not 
provided  for  the  attaching  of  said  new  county  to  a  specifically  mentioned 
district,  then  such  new  county  shall  be  deemed  to  be  in  the  senatorial 
and  representative  district  that  said  territory  was  in  prior  to  its  creation. 

Sec.  5.  Members  of  the  House  of  Representatives. — The  members  of 
the  House  of  Representatives  shall  be  divided  among  the  several  coun- 
ties of  the  state  as  follows: 

The  City  and  County  of  Denver  shall  have  twelve. 
The  County  of  Pueblo  shall  have  four. 
The  County  of  El  Paso  shall  have  three. 
The  County  of  Weld  shall  have  two. 
The  County  of  Larimer  shall  have  one. 
The  County  of  Boulder  shall  have  two. 
The  County  of  Mesa  shall  have  one. 
The  County  of  Las  Animas  shall  have  two. 
The  Counties  of  Teller  and  Park  shall  have  two. 
The  County  of  Fremont  shall  have  one. 
The  Counties  of  Crowley  and  Otero  shall  have  two. 
The  County  of  Jefferson  shall  have  one. 
The  Counties  of  Arapahoe  and  Elbert  shall  have  one. 
The  Counties  of  Garfield  and  Rio  Blanco  shall  have  one. 
The  County  of  Delta  shall  have  one. 
The  County  of  Montrose  shall  have  one. 
The  County  of  Conejos  shall  have  one. 
The  County  of  Alamosa  shall  have  one. 
The  County  of  Adams  shall  have  one. 
The  County  of  Pitkin  shall  have  one. 
The  County  of  La  Plata  shall  have  one. 
The  County  of  Lake  shall  have  one. 
The  County  of  Rio  Grande  shall  have  one. 
The  County  of  Chaffee  shall  have  one. 
The  Counties  of  Morgan  and  Washington  shall  have  one. 
The  County  of  Clear  Creek  shall  have  one. 
The  County  of  Gilpin  shall  have  one. 
The  County  of  Ouray  shall  have  one. 
The  County  of  San  Juan  shall  have  one. 
The  Counties  of  Logan  and  Sedgwick  shall  have  one. 
The  Counties  of  Phillips  and  Yuma  shall  have  one. 
The  County  of  Gunnison  shall  have  one. 
The  Counties  of  Saguache  and  Custer  shall  have  one. 
The  County  of  Douglas  shall  have  one. 

The  Counties  of  Lincoln,  Kit  Carson  and  Cheyenne  shall  have  one. 
The  Counties  of  Kiowa  and  Bent  shall  have  one. 
The  Counties  of  Prowers  and  Baca  shall  have  one. 
The  County  of  San  Miguel  shall  have  one. 

The  Counties  of  Hinsdale,  Archuleta  and  Mineral  shall  have  one. 
The  Counties  of  Routt  and  Moffat  shall  have  one. 
The  Counties  of  Summit,  Grand  and  Jackson  shall  have  one. 
The  County  of  Eagle  shall  have  one. 
The  Counties  of  Huerfano  and  Costilla  shall  have  one. 
The  Counties  of  Montezuma  and  Dolores  shall  have  one.     [L.   '13, 
p.  519.] 


162  ELECTION  LAWS 

VII.    INITIATIVE    AND    REFERENDUM. 

Section  1.  To  Prohibit  state  officers  and  employes  circulating  or 
soliciting  signatures  to  any  Initiative  or  referendum  petition,  and  pro- 
viding penalties  for  the  violation  of  this  act. — Any  appointed  officer  or 
employe  in  any  department,  board,  bureau,  office  or  commission  of  this 
state,  and  any  member  of  any  board  of  control  or  other  governing  body 
of  any  State  Institution,  and  any  office  or  employe  of  any  such  State 
Institution,  who  shall  prepare  or  cause  to  be  prepared,  or  circulate  or 
cause  to  be  circulated,  any  initiative  or  referendum  petition,  or  solicit  or 
influence,  or  attempt  to  solicit  or  influence,  any  person  to  sign  or  not  to 
sign  any  such  petition,  shall  be  guilty  of  a  misdemeanor,  punishable  by  a 
flne  of  not  to  exceed  one  hundred  dollars;  and  a  conviction  hereunder 
shall  operate  as  a  permanent  removal  of  the  defendant  from  the  office 
or  employment  held  by  such  defendant.     [L.  '13,  p.  309,] 


PAMFHI^ET  FUBI^ICATION. 

Section  1.  Warning,  petition,  signing  of. — At  the  top  of  every  initia- 
tive and  referendum  petition  shall  be  printed  in  plain  black  letters  the 
following: 

WARNING. 

It  is  a  felony  for  anyone  to  sign  an  Initiative  or  referendum 
petition  with  any  name  other  than  his  or  her  own,  or  to  know- 
ingly sign  his  name  more  than  once  for  the  same  measure,  or  to 
sign  such  petition  when  not  a  qualified  elector. 

All  initiative  and  referendum  petitions  shall  be  signed  by  qualified 
electors  in  their  own  proper  person  only,  to  which  shall  be  attached  the 
residence  address  of  such  person,  including  street  and  number,  if  any, 
and  the  date  of  signing  the  same.  To  each  such  petition  shall  be  at- 
tached an  affidavit  of  some  qualified  elector  that  each  signature  thereon 
is  the  signature  of  the  person  whose  name  it  purports  to  be  and  that 
to  the  best  of  the  knowledge  and  belief  of  the  affiant  each  of  the  per- 
sons signing  said  petition  was  at  the  time  of  signing  a  qualified  elector. 

Sec.  2.  Petitions,  form. — Petitions  shall  be  printed  on  pages  eight 
and  one-half  inches  wide  by  fourteen  inches  long,  with  a  margin  of  two 
inches  at  the  top  for  binding,  and  the  sheets  for  signatures  shall  have 
their  ruled  lines  numbered  consecutively  and  shall  be  attached  to  a 
complete  copy  of  what  is  proposed  to  be  initiated  or  referred.  Petitions 
may  consist  of  any  number  of  sections  composed  of  sheets  arranged  as 
aforesaid.  Each  petition  shall  designate  by  name  and  address  not  less 
than  three  nor  more  than  five  persons  who  shall  represent  the  signers 
thereof  in  all  matters  affecting  the  same.  At  the  time  of  filing,  the 
official  with  whom  the  petition  is  filed  and  a  majority  in  number  of  the 
persons  designated  in  the  petition  to  represent  the  signers  shall  attach 
the  sheets  containing  the  signatures  and  affidavits  together,  which  shall 
thereafter  be  bound  in  one  or  more  convenient  volumes  and  kept  as 
public  records,  and  any  measure  approved  by  the  people  of  the  state  shall 
be  printed  with  the  acts  of  the  next  General  Assembly,  and  such  amend- 
ment, ordinance  or  measure  approved  by  the  people  of  any  municipality 
shall  be  published  as  ordinances  are. 

Sec.  3.  Petition,  held  sufficient,  may  be  amended. — All  petitions, 
so  verified,  shall  be  deemed  and  held  sufficient  if  they  appear  to  be  signed 
by  the  requisite  number  of  signers,  and  such  signers  shall  be  deemed 
and  held  to  be  qualified  electors,  unless  a  protest  in  writing  under  oath 
shall  be  filed  in  the  office  in  which  such  petition  has  been  filed,  by  some 
qualified  elector,  within  fifteen  days  after  such  petition  is  filed,  setting 
forth  specifically  the  grounds  of  such  protest  and  the  names  protested; 
whereupon  the  officer  with  whom  such  petition  Is  filed  shall  forthwith 
mail  a  copy  of  such  protest  to  the  persons  named  in  such  petition  as 


ELECTION  LAWS  163 

representing  the  signers  thereof,  at  the  addresses  therein  given,  to- 
gether with  a  notice  fixing  a  time  for  hearing  such  protest,  not  less 
than  five  or  more  than  twenty  days  after  such  notice  is  mailed.  All 
records  and  hearing  shall  be  public.  Hearings  shall  be  summary  and 
must  be  concluded  within  forty  days  after  such  petition  is  filed,  and  the 
result  thereof  shall  be  forthwith  certified  to  the  persons  representing 
the  signers  of  such  petition.  In  case  the  petition  be  declared  insuffi- 
cient in  form  or  number  of  signatures  of  qualified  electors,  it  may  be 
withdrawn  by  a  majority  in  number  of  the  persons  representing  the  sign- 
ers of  such  petition,  and  may,  within  fifteen  days  thereafter,  be  arnended 
or  additional  names  signed  thereto  as  in  the  first  instance,  and  'refiled 
as  an  original  petition.  The  finding  as  to  the  sufficiency  of  any  petition 
may  be  reviewed  by  any  state  court  of  general  jurisdiction  in  the  county 
in  which  such  petition  is  filed,  but  such  review  shall  be  had  and  deten 
mined  forthwith,  and,  upon  application,  the  decision  of  such  court  there- 
on shall  be  reviewed  by  the  supreme  court  summarily. 

1.  The  provisions  of  Section  3,  c.  97,  of  the  Laws  of  1913,  that  a 
protest  to  a  petition  for  the  submission  of  an  act  of  the  legislature  to  the 
people  must  specify  the  grounds  of  such  protest,  and  be  under  oath,  are 
jurisdictional.  The  secretary  of  state  is  without  power  to  act  in  the  absence! 
of   a   substantial    compliance   therewith.      Ramer   vs.   Wright,    62   Colo.,    53. 

2.  Appended  to  a  protest  against  the  submission  of  a  legislative  enact- 
ment to  the  People  appeared  the  certificate  of  a  notary  public  that  certain 
persons  therein  named,  each,  "deposes  and  says:  that  he  subscribed  the 
above  protest  after  reading  the  same  *  *  *  and  the  contents  thereof  are 
true  to  the  best  of  his  knowledge,  information  and  belief."  There  being  no 
statement  that  the  persons  named  were  sworn,  held  that  there  was  no 
compliance  with  the  statute,  and  the  secretary  had  no  authority  to  entertain 
the   protest.      Ramer   vs.   Wright,    62   Colo.,    53. 

Sec.  4.  Measures,  ballot  title.* — Measures  shall  appear  upon  the 
official  ballot  by  ballot  title  only.  Each  petition  shall  designate  such 
ballot-title,  which  must  be  brief  and  not  conflict  with  that  selected  in 
any  petition  previously  filed  for  the  same  election.  Such  ballot-title 
may  be  enjoined  from  appearing  upon  the  ballot,  if  misleading  or  un- 
reasonably long,  in  which  event,  or  if  a  majority  of  the  persons  repre- 
senting the  signers  of  such  petition  shall  determine  said  ballot-title  to 
be  misleading  or  unreasonably  long,  a  majority  of  such  persons  repre- 
senting signers  shall  select  another  ballot-title  that  shall  fairly  describe 
the  measure  submitted  to  vote.  Such  ballot-titles  shall  be  numbered 
consecutively  in  the  order  in  which  they  are  filed  and  shall  be  printed 
on  the  oflEicial  ballot  in  that  order,  together  with  their  respective  num- 
bers prefixed  in  bold-faced  type.  Bach  ballot-title  shall  appear  on  the 
official  ballot  but  once  and  shall  be  separated  from  the  other  ballot- 
titles  next  to  it  by  heavy  black  rules  and  shall  be  followed  by  the 
words  "yes"  and  "no"  with  blank  spaces  to  the  right  and  opposite  the 
same,  as  follows: 


(HERE  SHALL  APPEAR  THE  BALLOT- 
TITLE  IN  FULL) 


YES 


NO 


A  voter  desiring  to  vote  for  the  measure  shall  mark  a  cross  (X) 
in  the  blank  space  to  the  right  and  opposite  the  word  "yes"  a  voter  de- 
siring to  vote  against  the  measure  shall  mark  a  cross  (X)  in  the  blank 
space  to  the  right  and  opposite  the  word  "no";  and  the  votes  so  marked 
shall  be  counted  accordingly. 

♦[See  Ch.  131,  S.  L.  1919,  page  431  hereof.] 

Sec.  5.  Secretary  of  State,  certificate  of. — The  secretary  of  state, 
at  the  time  he  certifies  to  the  county  clerks  of  the  several  counties  the 
namies  of  the  candidates  for  state  and  district  offices  for  general  election, 
shall  also  certify  to  them  the  ballot-titles  and  numbers  of  each  initiated 
and  referred  measure  theretofore  filed  in  his  oflBce  to  be  voted  upon 
at  such  election. 


164  ELECTION  LAWS 

Sec.  6.  Votes,  how  canvassed. — The  votes  and  all  measures  sub- 
mitted to  the  people  shall  be  counted  and  properly  entered  after  the 
votes  for  candidates  for  oflBce  cast  at  the  same  election  are  counted, 
and  shall  be  counted,  canvassed  and  returned  and  the  result  determined 
and  certified  in  the  manner  provided  by  law  concerning  other  elections 
as  near  as  may  be.  A  majority  of  the  votes  cast  thereon  shall  adopt 
any  measure  so  submitted,  and  in  case  of  adoption  of  conflicting  pro- 
visions, that  one  which  receives  the  greatest  number  of  afiirmative 
votes  shall  prevail  in  all  particulars  as  to  which  there  is  a  conflict. 

Sec.  7.  Measure,  how  published.* — —Not  later  than  thirty  days,  noi 
earlier  than  sixty  days  before  any  general  or  special  election  at  which 
any  measure,  constitutional  amendment,  initiated  or  referred  measure  or 
part  of  a  measure,  is  to  be  submitted  to  the  people,  the  Secretary  of 
State  shall  cause  to  be  published  once  in  full  in  two  newspapers,  of  op- 
posite political  faith,  if  such  there  be,  in  each  county  in  the  state,  com- 
pactly and  without  unnecessary  spacing,  a  true  copy  of  the  title  and  the 
text  of  each  constitutional  amendment,  initiated  or  referred  measure  or 
part  of  a  measure  to  be  submitted,  with  the  number  and  form  in  which 
the  ballot-title  thereof  will  be  printed  in  the  oflicial  ballot,  together  with 
arguments  for  and  against  the  same,  as  hereinafter  provided.  Any  per- 
son, committee,  or  organization,  interested  for  or  against  any  constitu- 
tional amendment,  initiated  or  referred  measure  or  part  of  a  measure 
may  file  with  the  Secretary  of  State  not  later  than  seventy  (70)  days 
before  any  special  election  or  general  election  at  which  any  said  con- 
stitutional amendment,  initiated  or  referred  measure  or  part  of  a  meas- 
ure is  to  be  submitted,  arguments  not  exceeding  fifteen  hundred  words 
in  length  either  for  or  against  any  constitutional  amendment,  initiated 
or  referred  nieasure  or  part  of  a  measure  and  showing  by  what  person, 
committee  or  organization  such  argument  was  authorized;  Provided, 
That  said  person,  committee  or  organization  shall  deposit  with  the  Secre- 
tary of  State  (as  custodian  for  the  said  newspapers)  sufficient  moneys  to 
pay  for  the  publication  of  said  arguments  at  the  following  rates,  viz.: 
fifty  cents  (50c)  per  page  per  thousand  copies  to  be  circulated;  Provided, 
further,  That  the  Secretary  of  State  shall  accept  no  deposit  unless  the 
same  shall  be  sufficient  to  pay  for  the  printing  of  the  argument  in  the 
whole  number  of  copies  to  be  circulated  in  all  counties  of  the  State. 
All  arguments  bearing  on  a  particular  measure  shall  immediately  follow 
such  measure  as  printed.  All  affirmative  arguments  shall  precede  the 
negative  arguments.  Said  constitutional  amendments,  initiated  and  re- 
ferred measures,  or  parts  of  measures,  and  all  arguments  thereon  shall 
be  published  in  a  separate  part  of  said  newspaper  which  shall  be  devoted 
exclusively  to  said  constitutional  amendments,  initiated  and  referred 
measures,  or  parts  of  measures,  arguments  and  statements  or  advertise- 
ments of  candidates,  as  provided  in  section  eight,  in  the  form  of  a  pam- 
phlet whose  pages  shall  be  six  (6)  by  nine  (9)  inches,  the  type  form  being 
4 1/6  inches  by  7  inches  and  pages  shall  be  numbered  consecutively, 
and  it  is  further  provided  that  said  constitutional  amendments,  initiated 
or  referred  measures,  or  parts  of  measures,  and  arguments  shall  be 
printed  in  eight  (8)  point  or  brevier  type,  set  solid,  and  in  paying  for 
the  publishing  of  said  constitutional  amendments,  initiated  and  referred 
measures  and  parts  of  measures,  the  said  eight  point  brevier  type  shall 
be  reduced  to  a  nonpareil  or  six  point  basis,  and  payment  shall  be  made 
as  if  set  in  nonpareil  type.  Provided,  That  the  Secretary  of  State  shall 
Issue  no  voucher  to  any  publisher  in  any  county  in  which  said  publica- 
tions are  made,  until  he  shall  be  furnished  with  sufficient  proof  that 
a  copy  of  said  constitutional  amendments,  initiated  and  referred  meas- 
ures and  parts  of  measures,  and  arguments  was  placed  in  the  hands 
of  every  known  registered  elector,  by  such  publishers  making  the  publi- 
cation in  said  county.  Provided,  further,  That  nothing  herein  shall  be 
construed  as  requiring  more  than  one  copy  to  be  furnished  to  the  same 
name  at  the  same  street  address;  and  Provided,  further,  That  upon  the 
furnishing  of  such  proof,  the  Secretary  of  State  shall  thereupon  issue 
vouchers  for  the  payment  of  publishing  said  constitutional  amendments, 


ELECTION  LAWS  *165 

initiated  and  referred  measures  and  shall,  out  of  moneys  collected  by 
him  for  such  purposes,  pay  to  each  publisher  publishing  arguments  as 
provided  herein,  a  sum  equal  to  fifty  cents  per  page,  per  thousand  copies, 
pro  rata  for  any  part  of  a  thousand  thereof  actually  placed  in  the  hands 
of  registered  voters  by  such  publishers  as  required  herein. 

Whenever  the  provisions  of  the  Initiative  and  Referendum  are  ap- 
plied jto  local  and  municipal  affairs,  the  provisions  of  this  section  of  this 
act  shall  apply;  Provided,  That  the  city  or  town  clerk  or  other  official 
designated  by  law  to  receive  petitions  shall  perform  the  duties  specified 
in  this  section  to  be  done  by  the  Secretary  of  State;  and  Provided, 
further,  That  said  two  publications  provided  for  in  this  section  shall  be 
in  two  papers,  if  such  there  be,  published  within  the  municipality  or  local 
district  wherein  said  Initiative  or  Referendum  vote  is  to  be  taken. 

*[See  Constitution,  Article  XXIII,  page  24  hereof.] 

Sec.  8.  State  or  congressional  candidate,  statement. — Any  state  or 
congressional  candidate  to  be  voted  on  at  any  election  at  which  meas- 
ures are  to  be  submitted  may  furnish  the  Secretary  of  State  prior  to  the 
fifty-seventh  day  before  such  election  a  statement  or  advertisement  of 
his  candidacy  of  not  exceeding  fifteen  hundred  words,  or  not  to  exceed 
two  printed  pages.  Provided,  That  the  Secretary  of  State  shall  not  be 
required  to  accept  any  such  statement  or  advertisement  unless  such  can- 
didate shall  deposit  with  him  (as  custodian  for  the  said  newspaper) 
suflacient  moneys  to  pay  for  the  publication  thereof  at  the  rate  of  fifty 
cents  (50c)  per  page  per  thousand  copies  to  be  circulated  within  the 
district  or  districts  wherein  such  candidate  appears  upon  the  official 
ballot;  Provided,  further.  That  no  deposit  shall  be  accepted  unless  it  be 
sufficient  to  pay  for  the  publication  in  all  copies  to  be  circulated  in  the 
district  or  districts  wherein  such  candidate  appears  upon  the  official 
ballot. 

Sec.  9.  Measure,  time  of  going  Into  effect. — No  ordinance,  resolu- 
tion or  franchise  passed  by  the  legislative  body  of  any  city  or  town  shall 
take  effect  before  thirty  days  after  its  final  passage  and  publication, 
except  an  ordinance  calling  a  special  election  or  necessary  to  the  immedi- 
ate preservation  of  the  public  peace,  health  or  safety,  and  not  then  unless 
it  shall  state  in  a  separate  section  the  reasons  why  it  is  thus  necessary 
and  unless  it  shall  receive  the  affirmative  vote  of  three-fourths  of  all  the 
members  elected  to  each  branch  of  such  legislative  body  taken  by  ayes 
and  noes.  If  within  said  thirty  days  a  petition  signed  by  qualified  elec- 
tors equal  in  number  to  at  least  fifteen  per  cent,  of  the  last  preceding 
vote  for  all  the  candidates  for  governor  within  such  municipality  shall 
be  filed  with  the  city  or  town  clerk  or  other  election  officer  protesting 
against  such  ordinance  or  any  part  thereof  taking  effect,  such  ordinance 
or  part  thereof  so  protested  against  shall  thereupon  and  thereby  be  sus- 
pended from  taking  effect  and  such  legislative  body  shall  immediately 
reconsider  the  same,  and  if  the  same  be  not  repealed  it  shall  forthwith 
publish  the  same  as  other  ordinances  are  published,  if  no  publication  has 
theretofore  been  made,  and  shall  submit  the  same  to  a  vote  of  the  quali- 
fied electors  at  the  next  general  municipal  election  not  held  within  sixty 
days  after  said  petition  is  filed,  or  at  a  special  election  to  be  called  there- 
after by  such  legislative  body  for  that  purpose,  and  such  ordinance  or 
part  thereof  shall  not  take  effect  unless  a  majority  of  the  qualified  elec- 
tors voting  thereon  at  such  election  shall  vote  in  favor  thereof.  If  such 
petition  be  signed  by  qualified  electors  equal  in  number  to  at  least  ten 
per  cent,  but  less  than  fifteen  per  cent  of  the  said  last  preceding  vote 
for  all  candidates  for  governor,  the  legislative  body  shall  submit  such 
ordinance  or  part  thereof  to  a  vote  of  the  qualified  electors  at  the  next 
ensuing  general  municipal  election  not  held  within  sixty  days  after  such 
petition  is  filed. 

Sec.  10.  Ordinance  or  amendment  submitted  by  petition  of  5  per 
cent.  vote. — Any  proposed  ordinance,  charter  or  charter  amendment  may 
be  submitted  to  the  legislative  body  of  any  city  or  town  by  petition  there- 
for of  qualified  electors  equal  in  number  to  at  least  five  per  cent  of  the 


166.  ELECTION  LAWS 

last  preceding  vote  for  all  candidates  for  governor  within  such  munici- 
pality by  filing  the  same  with  the  city  or  town  clerk  or  other  election 
officer,  and  such  proposed  ordinance,  charter  or  charter  amendment  shall 
be  adopted,  without  alteration,  by  such  legislative  body  within  tweniy- 
days  after  such  petition  is  filed,  and  if  vetoed  by  the  mayor,  shall  be 
passed  over  his  veto  within  ten  days  after  such  veto,  or  the  legislative 
body  shall  refer  such  proposed  ordinance,  charter  or  charter  amendment, 
in  the  form  petitioned  for,  to  the  qualified  electors  at  the  next  municipal 
election  held  not  less  than  sixty  days  after  such  petition  is  filed.  If 
such  petition  contain  a  request  for  a  special  election  and  is  signed  by 
qualified  electors  equal  in  number  to  at  least  fifteen  per  cent,  of  the  said 
last  preceding  for  governor,  the  ordinance,  charter  or  charter  amend- 
ment thereby  proposed  shall  be  passed  by  the  legislative  body,  without 
amendment  or  change,  within  twenty  days  after  such  petition  shall  be 
filed,  and,  if  vetoed  by  the  mayor,  shall  be  passed  over  his  veto  within 
ten  days  after  such  veto,  or  such  legislative  body  shall  refer  such  pro- 
posed ordinance,  charter  or  charter  amendment,  in  the  form  petitioned 
for,  to  the  qualified  electors  at  a  special  election  which  shall  be  called 
within  said  thirty  days  and  held  not  less  than  sixty  nor  more  than  ninety 
days  after  such  petition  is  filed,  unless  a  special  election  for  some  other 
purpose  or  a  general  election  is  held  within  said  period  of  time,  in  which 
case  such  prorosed  ordinance,  charter  or  charter  amendment  shall  be 
submitted  to  a  vote  at  such  election.  The  legislative  body  shall  cause 
such  proposed  ordinance,  charter  or  charter  amendment,  as  well  as  those 
referred  to  a  vote  under  the  preceding  section,  to  be  printed  in  pamphlet 
form  and  circulated  as  herein  provided.  Alternative  ordinances,  charter 
or  charter  amendments  may  be  submitted  at  the  same  election  and  if 
two  or  more  conflicting  measures  be  approved  by  the  people,  then  that 
one  which  receives  the  greatest  number  of  affirmative  votes  shall  be 
adopted  in  all  particulars  as  to  which  there  is  a  conflict. 

Sec.  11.  Vote  upon  which  petition  is  based. — Provided,  that  in  all 
municipalities  where  the  voting  precinct  or  precincts  therein  are  not 
wholly  within  the  corporate  limits  of  such  municipality,  the  vote  upon 
which  any  petition  is  based,  shall  be  the  total  vote  cast  in  such  munici- 
pality at  the  last  preceding  election  for  all  candidates  for  mayor,  if  there 
be  such  office,  and  if  not,  then  on  the  total  flrst-choice  votes  cast  in  any 
such  municipality  for  the  candidate  for  commissioner  receiving  the  high- 
est number  of  votes,  added  to  the  total  first-choice  votes,  cast  for  all  of 
his  competitors  for  the  same  position. 

Sec.  12.  Local  option. — This  act  shall  not  apply  to  the  provisions  of 
the  local  option  liquor  laws  providing  methods  of  determining  whether 
the  sale  of  intoxicating  liquors  shall  be  prohibited  in  any  county,  city, 
district,  ward  or  precinct. 

Sec.  13.  Petition,  qualifications  to  sign. — Every  person  who  is  a 
qualified  elector  may  sign  a  petition.  Any  person  who  shall  wilfully  and 
knowingly  circulate  or  cause  to  be  circulated,  or  sign  or  procure  to  be 
signed,  any  petition  bearing  the  name,  device  or  motto  of  any  person, 
organization,  association,  league  or  political  party  or  purporting  in  any- 
wise to  be  endorsed,  approved  or  submitted  by  any  person,  organization, 
association,  league  or  political  party,  without  the  consent,  approval 
and  authorization  of  such  person,  organization,  association,  league  or 
political  party,  or  any  person  signing  any  name  other  than  his  or  her 
own  to  any  petition  or  knowingly  signing  his  or  her  name  more  than 
once  for  the  same  measure  at  one  election,  or  who  is  not  at  the  time  of 
signing  the  same  a  qualified  elector,  or  any  officer  or  person  who  shall 
wilfully  do,  or  with  another  or  others  conspire,  or  agree  or  confederate 
to  do,  any  act  or  acts  which  shall  hinder,  delay  or  in  any  wise  interfere 
with  the  calling,  holding  or  conducting  of  any  election  permitted  under 
the  initiative  and  referendum  powers  reserved  by  the  people  in  Section 
1  of  Article  V  of  the  Constitution  of  the  state  of  Colorado  or  of  register- 
ing electors  therefor  or  any  officer  who  shall  wilfully  do  any  act  or  acts 
which  shall  confuse  or  tend  to  confuse  the  issues  submitted  or  proposed 


ELECTION  LAWS  167 

to  be  submitted  at  any  election,  or  shall  refuse  to  submit  any  petition  in 
the  form  presented  for  submission  at  any  election,  or  any  officer  or 
person  wilfully  violating  any  provision  or  provisions  of  this  act  shall, 
upon  conviction  thereof,  be  punished  by  a  fine  not  exceeding  five  hun- 
dred dollars  or  by  imprisonment  in  the  penitentiary  not  exceeding  two 
years,  or  by  both  such  fine  and  imprisonment. 

Sec.  14.  Sec.  2,  Art.  XIX  amended  before  this  applies. — The  pro- 
visions of  this  act  requiring  publication  of  measures  in  pamphlet  form 
shall  not  be  in  force  as  to  such  measures  submitted  to  the  electors  of 
the  state  at  large  unless  and  until  the  method  of  publishing  such  meas- 
ures not  provided  in  Section  2  of  Article  XIX  of  the  Constitution  of  the 
state  of  Colorado  shall  have  been  changed  to  permit  such  publication  to 
be  made  as  provided  by  law. 

[L.  '13,  pp.  310  to  318,  Constitution  not  amended  to  permit  publication  In 
pamphlet  form.] 


SUBMISSION   CI^USES— TITI.es. 

Section  1.  That  on  and  after  the  passage  of  this  act,  the  original 
draft  of  all  initiative  petitions  for  proposed  laws  to  be  enacted  by  the 
people  shall,  before  they  are  signed  by  the  electors  or  any  of  them,  be 
submitted  with  a  copy  thereof  to  the  Secretary  of  State  without  any  title 
thereto,  submission  clause  or  ballot  title,  providing  the  designation  for 
or  against  which  the  voters  shall  express  their  choice  for  or  against  said 
proposed  law;  that  within  three  days  after  such  submission,  the  Secre- 
tary of  State  shall  call  to  his  assistance  the  Attorney  General  and  the 
Reporter  of  the  Supreme  Court,  the  three  of  which,  a  majority  con- 
trolling, shall,  within  five  days  thereafter,  designate  and  fix  a  proper  and 
fair  title  for  said  proposed  law;  also  its  ballot  title  and  submission  clause, 
which  shall  correctly  and  fairly  express  the  true  intent  and  meaning  of 
the  act,  and  immediately  thereafter  deliver  the  same  with  the  original 
to  the  parties  presenting  it,  keeping  the  copy  with  a  record  of  their 
actions  thereon.  If  any  person  or  persons  presenting  such  initiative 
petition  are  not  satisfied  with  the  titles  and  submission  clause  thus 
provided  and  claim  them  to  be  unfair  or  that  they  do  not  fairly  express 
the  true  meaning  and  intent  of  the  proposed  act,  they  may,  within  forty- 
eight  hours  after  its  return,  file  a  motion  with  the  Secretary  of  State 
for  a  rehearing,  which  shall  be  passed  upon  within  forty-eight  hours 
thereafter,  and  if  overruled,  upon  request  a  certified  copy  of  said  petition 
with  the  titles  and  submission  clause  thus  provided,  the  motion  for  a 
rehearing  and  a  record  of  the  ruling  thereon  shall  be  furnished  them  by 
the  Secretary  of  State  and  if  filed  with  the  Clerk  of  the  Supreme  Court 
within  five  days  thereafter,  shall  be  docketed  as  a  cause  there  pending, 
which  shall  be  placed  at  the  head  of  the  calendar  and  disposed  of  sum- 
TT.arily,  either  affirming  the  action  of  said  board  or  reversing  it,  in  which 
case  the  court  shall  remand  It  with  instructions,  pointing  out  wherein 
said  board  is  in  error.    [L.  1919,  p.  431.] 

Section  1.  Within  laws  1919  page  431,  Sections  1,  3,  requiring:  that, 
before  an  initiative  petition  is  signed  by  electors,  it  shall  be  submitted  to 
the  secretary  of  state,  who,  with  others,  shall  designate  and  fix  a  title  for 
the  proposed  law  also  a  ballot  title  and  submission  clause,  a  ballot  title, 
with  the  words  "Yes"  and  "No,"  and  the  blank  space  opposite  them,  con- 
stitute, a  "submission  clause;"  to  "submit"  meaning  to  present  and  leave 
to  the  judgment  of  the  qualified  voters.  Noland  vs.  Hayward  (Colo.),  192 
Pac,  657. 

Sec.  2.  The  Secretary  of  State  shall  be  allowed  the  same  fees  for 
certifying  said  record  as  now  provided  by  law  for  certified  copies  of 
other  papers.  The  Clerk  of  the  Supreme  Court  shall  receive  one-half 
the  ordinary  docket  fee  for  docketing  said  cause.  All  of  which  shall  be 
paid  by  the  parties  desiring  said  review.     [L.  1919,  p.  432.] 

See  note  1  under  Section  1. 


168  ELECTION  LAWS 

Sec.  3.  No  petition  for  any  initiative  measures  shall  be  circulated 
nor  any  signatures  thereto  have  any  force  or  effect  which  has  been  signed 
before  the  title  and  submission  clauses  have  been  added  in  the  manner 
herein  provided.  No  petition  for  any  initiative  measure  shall  be  of  any 
force  or  effect  unless  filed  with  the  Secretary  of  State  (as  provided  for  by 
the  constitution)  within  six  months  from  the  date  that  the  titles  and 
submission  clauses  have  been  provided  therefor  pursuant  to  the  provisions 
of  section  1  of  this  act.     [L.  1919,  p.  432.] 

1.     See   note   under   Section   1. 


FORMS 

FOR 

Primary  and   General 
Elections 


(All  petitions  or  forms  under  Primary  Election  Law  must  be  uniform  in 
size  and  color,  17x11  inches,  white  paper,  printed  or  written  in  black 
ink.    Afiidavit  must  be  on  same  sheet  as  the  petition.) 


ELECTION  LAWS 


171 


FORM  P.  E.  NO.  1 

PETITION    FOR   PRIMARY    NOMINATION 
X BIND   HERE X 

PRIMARY  NOMINATION  PETITION  OF 

Party  for  Office  

(For  Numbers  of  Signers,   Time  and  Place  of  Filing,   see  Sections   5  and  6, 
Pages  30  and  31,  Election  Laws  1918.) 

To  

(Secretary  of  State  of  State  of  Colorado)   or    (To  City  or  County  Clerk  for 

City  or  County  of ,  Colorado),  as  the  case  may  be. 

We,  the  undersigned  members  of  and  affiliated  with  the 

Party  and  qualified  Primary  Electors  of  said Party 

In  the  of in  the  County  of 

and  State  of  Colorado,  do  hereby  petition  that 

(Name  of  person  who  is  Candidate.) 

who  resides  at  No  Street,  in  the  City  of 

in  the  County  of and  State  of  Colorado   (if  In  Country, 

give  postoffice  address)  and  whose  place  of  business  is 

shall  be  a  candidate  of  the Party,  for  the 

nomination  for  the  office  of 

to  be  voted  for  at  the  Primary  Election  to  be  held  on  the 

day  of ,  A.  D.  19 


NAME 

Post  Office 
Address 

Street  and 

Number, 

if  any 

Election  Pre- 
cinct Wherein 
Resident  as 
Such  Elector 

1    

2    

State  of  Colorado, 
County  of 


Each  of  the  persons,  whose  signatures  appear  on  the  foregoing  sheet,  did 
personally  appear  before  me  and  sign  the  foregoing  petition  in  person,  and 
being  duly  sworn  upon  oath,  each  for  himself  or  herself  (and  not  for  the 
other),   says  that  the  above  and  foregoing  statement  is  true;   that  the  said 

person ^ candidate  for  the  office  of 

is  placed  in  nomination  on  behalf  of  the Party 

and  is  affiliated  with  the  principles  thereof;  that  affiants  intend  to  vote  for 

said for    the    office    of 

at  the  ensuing  direct  Primary  Election  and  that  affiants  have  not  signed  any 
other  petition  for  any  other  candidate  for  the  office  of 


NAME 


NAME 


6 „- 


1 

2 6 

3 7 

4 8 

Subscribed  and  sworn  to  before  me  this day  of 

A.  D.  19 

Notary  Public. 
(SEAL) 


172  ELECTION  LA\^S 

FORM  P.  B.  NO.  2 

ACCEPTANCE  OF  CANDIDATE  FOR   NOMINATION 

BY 

PRIMARY  NOMINATING  PETITION. 

(To  be  endorsed  on  or  appended  to  Petition  on  first  or  last  sheet  of  Petition, 
as  per  Section  5,  Page  30,  Election  Laws  1918.) 


To    

(Secretary  of  State,  or  other  ofRcer  with  whom  Petition  is  to  be  filed.) 

and  to  the  members  of  the Party  and  the  Electors  of 


(State)    (Counties  of comprising  the District) 

(County)    (City)   as  the  case  may  be. 

STATE  OF  COLORADO,  ) 

[      88. 

County  of ) 

being   first   duly 

sworn  upon  oath  deposes  and  says,  that  I  am  a  resident  of  

County  and  of  the  City  (or)  Town  of ; 

that  my  Street  address  is  No Street,  in  said  City  or 

Town  of (or  if  living  in  the  country)  that  my 

postoffice  address  is and  that  my  place  of 

business   is Street,   City,  of ; 

that  I  am  a  qualified  elector  of Precinct,  in  said 

County   (or  City)   of State  of  Colorado;    that 

I  am  a  member  of  and  aiffiliated  with  the Party; 

that  I  hereby  accept  the  aforesaid  Petitioners'  designation  of  a  place  on 

the  Primary  Election  Ballot  for  the  office  of ; 

that  if  I  am  nominated  for  the  oflBce  of 

at  the  Primary  Nominating  Election  to  be  held  in  the  (County  or  City 

of ),   State  of  Colorado,  on  the day 

of ,  19 I  will  accept  the  nomination  (and  will 

not  withdraw)  and  if  I  am  elected,  I  will  qualify  as  such  oflacer. 


(Signature  of  Candidate.) 

Subscribed  and  sworn  to  before  me,  this day  of 

,  A.  D.  19 


Notary  Public. 

My  Commission  EJxpires i . 

(SEAL) 


ELECTION  LAWS  173 

FORM  P.  E.  NO.   3 

STATE  OF  COLORADO 
CERTIFICATE  OF   DESIGNATION    BY  ASSEMBLY. 

(See  Section  4,  Page  29,  Election  Laws  1918.) 


To  the  Hon 

(Secretary  of  State,  of  Colorado)  or  (to  City  or  County  Clerk 
of  the  City  and  County  of  ) 

This  is  to  certify  that  an  Assembly  of  delegates  or  voters  represent- 
ing the   Party 

of   the    

(State)   (District)  or  (County) 
of  Colorado,  a  Party  which,  at  the  last  general  election  for  State  officers, 
cast  more  than  ten  per  cent,  of  the  total  vote  cast  at  said  general  elec- 
tion for  its  candidate  for  Governor,  was  held  under  the  call  of  the  Chair- 


man of  the  said Party  at  the 

in  the  City  of ,  State  of  Colorado,  on  the 

day  of A.  D.  19 At  said  Assembly 

whose    residence    is 

(Name  of  party  selected  as  Chairman  or  presiding  officer 
of  Assembly) 

,   Colorado,   was   elected   as   Chairman  and 

presiding   officer;    and 

whose  residence  is ,  Colorado,  was  elected  Sec- 
retary of  said  Assembly. 

That  said  Assembly  was  composed  of delegates. 

(Number)    (Voters) 

That  at  said  Assembly  one  ballot  was  taken  upon  candidates  for 
each  of  the  following  offices  to  be  filled  at  the  ensuing  election  and  with- 
in the  jurisdiction  of  such  Assembly,  and  that  each  of  the  following 
named  persons  received  the  number  of  votes  set  opposite  their  names 
for  the  office  indicated  opposite  their  names;  said  votes  being  ten  per 
cent,  or  more  of  the  votes  of  the  duly  accredited  delegates  to  such  As- 
sembly, for  the  officers  to  be  voted  upon  at  the  ensuing  Primary  Elec- 
tion, to  be  held ,  September ,  19 


Name  of  Candidates  receiving  ten  per  cent, 
or  more  of  vote  of  Assembly  in  order  of  vote 
received. 

For  Office  of:—  (        Vote   Received. 

1. 
2. 
3. 


For  Office  of:- 


174  ELECTION  LAWS 


That  the  following  named  persons,  or : 

Committee,  shall  constitute  a  vacancy  committee  in  and  for  the. 
Party,   of  the    


(State)    (District)   or   (County) 
and  be  empowered  to  fill  any  vacancy  that  may  occur  in  the  designation 

made  by  the  Assembly,  viz. : 


Chairman  and  Presiding  Officer  of  the 
Assembly. 

Residence P.   O.  Address 


Secretary  of  the    

Assembly. 

Residence    

P.  O.  Address   


STATE  OF  COLORADO, 

ss. 
COUNTY     OF. 


Personally  appeared  before  me,  a  Notary  Public,  in  and  for  the  said 
County   of ,    State   of   Colorado, 

(Name  of  Chairman  or  Presiding  Officer  of  Assembly) 

and    •. . . . 

(Name  of  Secretary  of  Assembly) 
who  being  first  duly  sworn  each  for  himself  and  not  one  for  the  other, 

upon  oath  deposes  and  says;  that  the  said was  the 

Chairman  and   Presiding  Officer  of  the Assembly, 

held  in  the  City  of ,  ,  County,  State 

of  Colorado,  on    

(Date  of  holding  Assembly) 

A.  D.  19 ;    and  the   said 

was  the  Secretary  thereof;  that  the  above  Certificate  of  Designation 
and  the  statements  contained  therein  are  true  to  the  best  of  their  knowl- 
edge and  belief. 


Subscribed  and  sworn  to  before  me  this day  of 

,  A.  D.  19.... 

My  Commission  Expires 

(SEAL)  Notary  Public. 


ELECTION  LAWS  175 

FORM  P.  E.  NO.  4 

DECLARATION    OF   ACCEPTANCE   OF   DESIGNATION 
BY  ASSEMBLY. 

(See  Section  4,  Page  29,  Election  Laws  1918.) 

To  the  Hon. :    

(Secretary  of  State)    (County  or  City  Clerk)  or  (other  Officer 
with  whom  Certificate  of  Designation  by  Assembly  is  filed). 

Colorado, 

This  is  to  certify  that  I,  

do  hereby  accept  the  Designation  of  the 

Assembly,    held    at on day    of 

,   19 ,   as   evidenced   by  the   Certificate 

of  Designation  of  said  Assembly,  duly  filed  in  the  ofiice  of 

(Secretary  of  State)   (County  or  City  Clerk) 
on  the day  of ,  19 ,  in  accord- 
ance with  the  provisions  of  the  Primary  Election  Law  of  1910 — Elec- 
tion Laws  1918,  Page  31 — as  a  candidate  for  the  ofllce  of 


to  be  voted  upon  at  the  ensuing  Primary  Election  to  be  held  on  the 
day  of  September,  A.  D.  19 


Signature  of  Candidate. 

P.  .O.  Address    

Residence    No St. 

City  or  Town    

County  of 


STATE  OF  COLORADO, 

ss. 
COUNTY  OF. 


Before  me,  ,  a  Notary  Public 

within  and  for  said  County  and  State,  personally  appeared 

,  who,  being  duly  sworn  says,  that  the  fore- 
going Acceptance  of  Designation  by  Assembly  is  true  and  that  he  has 
subscribed  his  signature  to  the  same  and  acknowledges  the  same  as  his 
free  and  voluntary  act  for  the  uses  and  purposes  therein  set  forth. 


Notary  Public. 
(SEAL) 


176  ELECTION  LAWS 

FORM  P.  E.  NO.  5 


-BIND  HERE- 


STATE    OF   COLORADO 

INDEPENDENT  NOMINATION  CERTIFICATE. 

(For  number  of  signers,  where  and  when  filed  and  committee  on  vacancies, 
see  Section  26,  Primary  Election  Law,  Pages  39  and  40,  Election  Laws,  1918.) 

To  the  Hon 

(Secretary  of  State  of  Colorado)  or  (City  or  County  Clerk  of 
City  or  County  of ) 

We,  the  undersigned  qualified  electors  and  legal  voters  of  the  State 

of  Colorado,  residing  within  the 

(State,  District,  County, 

City  or  other  political  division,  in  or  for  which  the  officer  or  officers  are  to  be 

elected) 

representing 

(the  political  or  other  name  which  the  signers  shall  select  in 
not  more  than  five  words) 

in  accordance  with  the  provisions  of  Section  26  of  the  Primary  Election 
Laws  of  1910: — ^An  Act  concerning  Nominations  of  Candidates  for  pub- 
lic oflaces,  and  for  political  party  positions,  etc..  Approved  Oct.  17,  1910 — 
hereby  make  the  following  nominations  for  offices  to  be  filled  at  the  next 

ensuing Election,  to  be  held  on  the 

day  of ,  A.  D.  19 ,  we  do  hereby  designate  and 

appoint  the  following  named   persons   as   a   Committee   for  the   above 

to.  fill  any  and  all  vacancies 

(Name  signers  adopted) 

which  may  occur  in  said  nominations,  caused  by  death,  resignation  or 
otherwise: — 


Names  of  Committee. 

Addresses. 

5 

ELECTION  LAWS  177 

NAMES  OF  CANDIDATES  AND  OFFICES  TO   BE  FILLED. 


Office  to  Be  Filled    Name  of 
Candidate 

p.  o. 

Address 

Place  of  Residence 
(If  in  a  City) 
(St.    and    No.) 

Place   of   Business 
(If  in  a  City) 
(St.    and    No.) 

1 

L.„. 

1 

1 

SIGNATURE  OF  PETITIONERS. 


NAME 

Post  Office 
Address 

Street  and 

Number, 

If  Any 

Election  Pre- 
cinct   Wherein 
Resident  as 
Such  Elector 

1    

2    

3    

4    .  . 

5    

6    

7    

8    

9    

10    



AFFIDAVIT. 


STATE  OF  COLORADO, 


.COUNTY  OF. 


Before  me,  ,  a  Notary  Public, 

within  and  for  said  County  and  State,  personally  appeared  each  and 
every  one  of  the  persons  whose  names  are  signed  to  the  foregoing  Cer- 
tificate, and  being  first  duly  and  severally  sworn  each  for  himself  or 
herself,  deposes  and  says  that  he  or  she  is  a  legal  voter  in  the 

and  that  he  or  she 

(Name  of  Political  Division  for  which  Nominations  are  made) 

signed  the  said  Certificate  and  has  correctly  stated  his  or  her  place  of 
residence  by  adding  the  same  to  his  or  her  said  signature,  and  that  he 
or  she  has  not  voted  at  any  Primary  Election  to  nominate  a  candidate  for 
such  ofllce  or  any  of  such  officers. 


178 


ELECTION  LAWS 


1.     ... 

Name. 

6.      ... 

Name. 

2 

7 

3 

8 

4 

9 

5 

10 

Subscribed  and  sworn  to  before  me  this day  of 


A.  D.  19, 


(SEAL) 


Notary  Public. 


ELECTION  LAWS  179 

FORM  P.  E.  NO.  6 

WRITTEN  ACCEPTANCE  OF  NOMINATION 

BY 

INDEPENDENT   NOMINATION   CERTIFICATE. 

(To  be  filed  with  same  officer  as  Certificate  and  Nomination,  filed  within  eight 

days  after  filing  of  siich   Certificate.      Section   26,   Primary   Election 

Laws  1910;  Election  Laws  1918,  Pages  39  and  40) 

To  the  Hon 

(Secretary  of  State,  County  Clerk  or  other  officer  with  whom 
Independent  Nomination  Certificate  filed) 

This  is  to  Certify,  that  I,  

do  hereby  accept  the  nomination  for  the  oflace  of 

tendered  me  by  the That  my 

place  of  residence  is  No St.,  in  the  City  of , 

County  of ,  State  of  Colorado,  and  that  my  place 

of  business  is  located  at  No St.,  City  of , 

County  of and  that  my  Postoffice  address  is 

,  County  of ,  State  of  Colorado. 


Name  of  Candidate. 
STATE  OF  COLORADO,    ) 

COUNTY  OF ) 

Before  me,   ! a  Notary  Public  In 

and  for  said  County  and  State,  personally  appeared 

,  whose  name  is  subscribed  to  the  foregoing 

Acceptance  of  Nomination  for  office,  and  who  being  first  duly  sworn  upon 

oath  says,  that  the  foregoing  statements  are  true  and  that 

acknowledges  the  execution  of  said  instrument  to  be  his  free  act  and 
voluntary  deed,  for  the  uses  and  purposes  therein  set  forth. 

In  Witness  vVhereof,  I  have  hereunto  set  my  hand  and  affixed  my 

Notarial  Seal,  this day  of ,  19 

(Notary  Seal) 


Notary  Public. 
My  Commission  Expires 


180 


ELECTION  LAWS 


FORM  P.  E.  NO.  7 


"OFFICIAL  DIRECT   PRIMARY   ELECTION    BALLOT" 


County. 


Precinct 


PARTY. 

Ward    City    .. 


To  vote  for  a  person,  mark  a  cross  (X)  in  the  first  square  at  the 
right  of  the  name  of  the  person  for  whom  you  desire  to  vote.  (To  vote 
for  other  person  whose  name  is  not  printed  on  ballot,  write  name  of  such 
person  in  the  blank  space  immediately  following  the  printed  names  of 
candidates  for  such  office.  In  no  case  shall  name  be  written  of  candidate 
appearing  on  any  other  party  ballot).  (Assembly  candidates  go  first  on 
ballot  in  order  of  the  vote  received  by  them  in  Assembly.  Petition  can- 
didates to  follow  in  alphabetical  order.) 


United  States   Senator 

Vote 
for 
one 

Representative  in  

Vote 

Congress 
District 

for 
one 

One  Judge  of  Supreme  Court 

Vote 
for 
one 

Governor 

Vote 
for 
one 

Lieutenant   Governor 

Vote 
for 
one 

Secretary  of  State 

Vote 
for 
one 

Auditor  of  State 

Vote 
for 
one 

State  Treasurer 

Vote 
for 
one 

Attorney  General 

Vote 
for 
one 

Superintendent      of      Public 
Instruction 

Vote 
for 
one 

Two  Regents  of  University 
of  Colorado 

Vote 
for 
one 

State  Senator  for        

Vote 
for 
one 

Senatorial  District 

Representative    to    General 
Assembly    

Vote 
for 
one 

District  Judge 

Vote 
for 
one 

in  the Judicial 

District 

District 

District  Attorney  in  the 

Judicial  Court 

Vote 
for 
one 

County  Clerk  and  Recorder 

Vote 
for 
one 

Sheriff 

Vote 
for 
one 

County     Superintendent     of 
Schools 

Vote 
for 
one 

Justice  of  Peace 

Vote 
for 
one 

Constable    

Vote 
for 
one 

Precinct 

Precinct 

Precinct  Committeeman 

Vote 
for 
one 

Precinct  Committeewoman .. 
Precinct 

Vote 
for 
one 

NOTE:     Each  political  party  must  have  separate  party  ticket. 


ELECTION  LAWS 


181 


FORM  P.  E.  NO.   8 

PRIMARY  ELECTION  NOTICE  FOR  COUNTY  OR  CITY  AND 

COUNTY. 

(Section  7,  Primary  Election  Law,  1910,  Page  31,  Election  Laws  1918.) 

To  the  Electors  of County: 

In  accordance  with  the  Provisions  of  Section  7,  Primary  Election 
Law  1910,  page  31,  Election  Laws  1918,  Notice  is  hereby  given,  that  a 
Direct  Primary  Election  will  be  held  in  the  lawful  polling  places  in  each 
of  the  voting  precincts  of  the  County  and  of  the  several  Wards  of  the 

City,  between  the  hours  of  7  A.  M.  and  7  P.  M.,  on  the 

day  of  September,  A.  D.  19 ,  at  which  Election  the  following  named 

persons,  for  whom  nomination  papers  have  been  filed,  affecting  the  elec- 
tors of  said  County,  together  with  their  addresses,  the  offices  to  be  filled 
and  the  political  party  each  represents,  are  to  be  voted  for  at  said  Pri- 
mary Election: 

LIST  OF  CANDIDATES  AND  OFFICES  TO  BE  FILLED. 
UNITED  STATES  OFFICES. 

UNITED   STATES    SENATORS   AND   REPRESENTATIVES    IN   CONGRESS. 
Name.  Address.  Office  to  be  Filled.  Party. 


Name. 


STATE  OFFICES. 
Address.  Office  to  be  Filled. 


Party. 


Name. 


LEGISLATIVE  OFFICES. 
Address.  Office  to  be  Filled. 


Party. 


DISTRICT   OFFICES— GREATER   THAN   COUNTY. 
Name.  Address.  Office  to  be  Filled,  Party. 


Name. 


COUNTY  OFFICES. 
Address.  Office  to  be  Filled. 


Party. 


Name. 


PRECINCT  OFFICES. 
Address.  Office  to  be  Filled. 


Party. 


IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand  and  affixed 

the  Seal  of  the  County  of ,  this 

day  of ,  A.  D.  19 


County  Clerk  and  Recorder  of County. 


(SEAL) 


182  ELECTION  LAWS 

FORM  P.  E.  NO.  9 

FORM    OF   TALLY    SHEETS    FOR   DIRECT    PRIMARY 
ELECTION. 

(See  Section  10,   Page  34,  Election  Laws  1918.) 

Tally  sheet  for Party, 

(Name  of  political  party) 

,    . ". (County) 

(Name  of  City)  (County) 

(Ward)    (Precinct) 

(Ward  No.)  (Election  Precinct) 


for  a  Direct  Primary  Election  held  on  the 

(Date  of  Primary  Election) 

day  of A.  D.  19 

(Month) 
(Names  of  Candidates  to  appear  on  tally  sheets  in  order  in  which  they  appear 
on  the  official  ballots,  and  have  proper  party 
designation  at  the  head  thereof.) 


CANDIDATES  AND  ORDER  ON  BALLOT. 

United  States  Senator. 

Representative  in Congress District. 

One  Judge  of  Supreme  Court. 

Governor. 

Lieutenant  Governor. 

Secretary  of  State. 

Auditor  of  State. 

State  Treasurer. 

Attorney  General. 

Superintendent  of  Public  Instruction. 

Two  Regents  of  University  of  Colorado. 

State  Senator  for Senatorial  District. 

Representative  to  General  Assembly District. 

District  Judge  in  the Judicial  District. 

District  Attorney  in  the Judicial  District. 

County  Clerk  and  Recorder. 

Sheriff. 

County  Superintendent  of  Schools. 

Justice  of  Peace Precinct. 

Constable Precinct. 

Precinct  Committeeman Precinct. 

Precinict  Committeewoman 

Certified  by  us  this day  of  September,  19 

Attest: 


Clerks  of  Primary  Election  Judges  of  Primary  Election. 

NOTE:  Two  sets  of  tally  sheets  for  each  political  party  having  candidates 
to  be  voted  upon  at  Primary  Election  to  be  furnished  each  election 
precinct. 


ELECTION  LAWS  188 

FORM  P.  E.  NO.  10 

ABSTRACT  OF  VOTES  FROM    ELECTION    PRECINCTS. 

To  the  Hon County  Clerk  and  Recorder 

of County: 

At  a  Primary  Election  held  at  the  house  of 

No Street,  in Precinct  or  Ward, 

in  the  County  of and  State  of  Colorado,  on  the 

day  of ,  in  the  year  of  our  Lord 

one  thousand  nine  hundred  and ,  in  accordance  with  the  pro- 
visions of  the  Direct  Primary  Law  1910,  Section  18,  Page  36,  Election 
Laws  1918,  the  following  named  persons  received  the  number  of  votes 
annexed  to  their  respective  names  for  the  nomination  for  the  following 
described  offices,  to-wit: 

Whole  Number  of  Votes  Cast  were. 

(words)         (Fig.) 


United  States  Senator 


had ( )   Votes  for 


had ( )   Votes  for 

Rept.  in Congress District. 


Judge  of  Supreme  Court. 
Governor. 

Lieutenant  Governor. 
Secretary  of  State. 
Auditor  of  State. 
State  Treasurer. 
Attorney  General. 


.  had ( )   Votes  for 

.had ( )   Votes  for 

.had ( )   Votes  for 

.had. ( )   Votes  for 

.had ( )   Votes  for 

had ( )   Votes  for 

had ( )   Votes  for 


had ( )   Votes  for 

Superintendent  of  Public  Instruction. 


had ( )   Votes  for 

Regent  of  University  of  Colorado. 


had ( )   Votes  for 

State  Senator  for Senatorial  Dist. 


had ( )   Votes  for 

Rept.  to  General  Assembly Dist. 


had ( )   Votes  for 

District  Judge  in Dist. 


184 


ELECTION  LAWS 


had. 

District  Atty.  in Judicial  Dist. 

had. 


County  Clerk  and  Recorder. 

Sheriff'. 

County  Supt.  of  Schools. 


.had. 
.had. 


....had, 

Justice  of  Peace Precinct. 


Constable Precinct. 


.had. 


had... 

Precinct  Committeeman Precinct. 


.had 

Precinct  Committeewoman Precinct. 


)  Votes  for 

)  Votes  for 

)  Votes  for 

)  Votes  for 

)  Votes  for 

)  Votes  for 

)  Votes  for 

)  Votes  for 


and  in  the  same  manner  for  any  other  person  voted  for. 

Certified  by  us  this day  of  September,  19. . . 

Attest: 


Clerks  of  Primary  Election. 


Judges  of  Primary  Election. 


ELECTION  LAWS  185 

FORM  P.  E.  NO.  11 

CERTIFICATE  OF  DESIGNATION  TO  FILL  VACANCY. 


To  the  Hon 

(Secretary  of  State)  or  (County  Clerk  and  Recorder  of 

County)   or   (City  Clerk) 

Secretary  of  State  of  the  State  of  Colorado,  or  County  or  City  Clerk, 

as  the  case  may  be: 

In  accordance   with   the  provisions   of   Section   24   of   the   Primary 

Election  Law  1910,  page  38,  Election  Laws  1918,  We,  the  Undersigned, 

Chairman  and  Secretary  respectively  of  the 

(Name  of  political  party  filling  vacancy) 
(State,  County  or  City) 

Committee,  do  hereby  certify. 

That,  whereas,  a  vacancy  has  occurred  on  the 

(Name  of  political  party) 

Ticket  in  and  for  the  office 

(State,  County  or  City) 

of caused   by 

(Office  vacated)  (Insert  cause  of  vacancy) 

the  said ,  being  the  regular  nominee 

of  said  Party  at  the  Direct  Primary  Election  held  on  the 

day  of ,  A.  D.  19 for  such  office. 


That  on ,  the day  of. 

(Day  of  week) 


19 ,  at  a  regularly  called  meeting  of  the  said 

(Political  party) 

Committee,  called  for  the  purpose  of 

(State,  County  or  City) 

filling  vacancies  on  the 

(Political  party)   (State,  County  or  City) 

Ticket,  and  representing  the Party 

(Political  party) 

of  the  State  of  Colorado   (County  or  City  of )   did 

meet  in  pursuance  to  said  Call  and  Notice  of  said  Meeting  for  the  pur- 
pose of  filling  vacancies  on  said 

(Political  party)   (State,  County  or  City) 

Ticket  as  aforesaid;   and  that  at  such  meeting,  a  vote  being  regularly 
taken  and  had,  the  following  persons,  viz.: 


(Name  of  person)  (Address) 

was  by  said Committee,  unan- 

(Party)    (State,   County  or  City) 

imously  nominated  and  chosen  by  said 

(Party)    (State,  County  or  City) 

Committee  as  the  Candidate  of  said Party 

(Political  party) 


186  ELECTION  LAW  6 

as  the  nominee  for  said  office 

of  the  State  of  Colorado  (or  County  or  City  of )  and 

the  name  of  the  said 

is  hereby  substituted  on  said 

(Political  party)  (State,  County  or  City) 

Ticket,  for  said  office  in  the  place  and  stead  of  the  said 

on  said 

(Political  Party)    (State,  County  or  City) 

Ticket. 

In  Witness  Whereof,  we  have  hereunto  set  our  hands  and  seals  this 
day  of A.  D.  19 


Chairman  of   the Party Committee. 

(State,  County  or  City) 

Secretary   of   the Party Committee. 

(State,  County  or  City) 

STATE  OF  COLORADO, 

88. 

.COUNTY  OF. 


Before  me,  ,  a  Notary  Public 

within   and   for  the   County   and    State   aforesaid,   personally   appeared 

and  , 

who,  being  duly  sworn  each  for  himself  and  not  one  for  the  other,  did 
depose  and  say:  That  they  are  respectively  the  duly  elected,  qualified 
and  Acting  Chairman  and  Secretary  of  the 

(Political  party) 

Committee; 

(State,  County  or  City) 

that  they  have  read  the  above  and  foregoing  Certificate  and  know  the 

contents  thereof,  and  that  the  said  Certificate  and  the  statements  therein 

contained  are  true  to  the  best  of  their  knowledge  and  belief. 

Subscribed  and  sworn  to  as  above,  before  me  this 

day  of ,  A.  D.  19 

My  Commission  Expires 


Notary  Public  (or  other  officer). 
(SEAL) 


ELECTION  LAWS  187 

FORM  P.  E.  NO.  12. 

(Separate  Certificate  to  be  made  for  each  political  party) 

ABSTRACT  OF  VOTES  AND  CERTIFICATE  OF  DETERMINATION  OF 

THE  COUNTY  BOARD  OF  CANVASSERS  OF  THE 

COUNTY. 

In  accordance  with  the  provisions  of  Section  2272  Revised  Statutes 

of  Colorado  1908  page  111,  Election  Laws  1918,  and  Section  24  Primary 

Election  Laws  191<),  Page  38,  Election  Laws  1918,  We,  the  Undersigned, 

County  Clerk  and  Recorder  of 

County,  and ,  Justice  of  the  Peace,  and 

(Republican) 

,  Justice  of  the  Peace 

(Democratic) 

County,  constituting  the  County  Board  of  Canvassers  for 

County,  met  at  the  Court  House  in ,  County  of 

State  of  Colorado,  on  the day  of  September,  A.  D.  19 ,  it 

being  the  10th  day  after  the  close  of  the  Direct  Primary  Election  held 

on  the  day  of  September,  19 ,  all  the  returns  of  the 

Primary  Election  held   in County,   State  of  Colorado,   being 

in,  and  opened  the  returns  of  said  election  and  proceeded  to  canvass  the 

votes  cast  at  said  Primary  Election  for  the  nomination  of  the  following 

offices,  viz.: 

List  of  Offices  Voted  For  in County 

and  Candidates  for  each  office,  together  with  number  of  Votes  received 

at  said  Primary  Election,  by  each  person,  for  each  of  said  offices: 

United  States  Senators. 

Representative   in Congress District. 

One  Judge  of  Supreme  Court. 

Governor. 

Lieutenant  Governor. 

Secretary  of  State. 

Auditor  of  State. 

State  Treasurer. 

Attorney  General. 

Superintendent  of  Public  Instruction. 

Two  Regents  of  University  of  Colorado. 

State  Senator  for Senatorial  District. 

Representative  to  General  Assembly District. 

District  Judge  in  the Judicial  District. 

District  Attorney  in  the Judicial  District. 

County  Clerk  and  Recorder. 
Sheriff. 


188  ELECTION  LAWS 

County  Superintendent  of  Schools. 

Justice  of  Peace Precinct. 

Constable Precinct. 

Precinct  Committeeman Precinct 

Precinct    Committeewoman 


That  we  have  carefully  examined  all  the  returns  of  the  votes  from 
the  duly  qualified  Election  officials   of  the   lawful   polling   precincts  of 

County  as  cast  therein  for  each  of  the  foregoing  offices 

and  that  the  tabulated  statements  or  abstract  of  votes  consisting  of  sep- 
arate sheets  for  the  foregoing  offices  are  true  and  correct  abstract  of 
votes  cast  at  said  Primary  Election  for  said  offices  and  the  persons  for 
whom  the  same  were  cast;  and  we  do  further  certify  and  determine 
hereby: 

That .having   received    the   highest 

number  of  votes  cast  for  any  one  person,  said  number  being 

votes,  for  the  nomination  for  the  office  of  County  Clerk 

and  Recorder  of County,  on  the 

Party  Ticket,  is  hereby  declared  duly  nominated  for  said  office  by  the 

Party. 

(The  same  determination  and  certificate  to  follow  for  each  of  the  County  and 

Precinct  offices.) 

Total  Number  of  Votes  Registered  in 

County  for  Primary  Election  of 

A.  D.  19 ,  were 

Total  Number  of  Ballots  cast  at  said  Primary  Election  of 

day ,  A.  D.  19 ,  were 

IN  TESTIMONY  WHEREOF,  We,  the  Members  of  said  Board,  have 
hereunto  set  our  hands  at  the  Court  House  of County, 


In ,   State  of  Colorado,  this . 

(City  or  Town) 

day  of A,  D.  19 


County  Clerk  and  Recorder  of 
County. 


Republican  Justice  of  the  Peace  of 
County. 


Democratic  Justice  of  the  Peace  of 

County. 

Board  of  County  Canvassers. 


ELECTION  LAWS  189 

FORM  P.  E.  NO.  13. 

NOTICE  OF  NOMINATION. 
(See  Section  26,  Page  39,  Election  Laws  1918.) 


STATE  OF  COLORADO, 
COUNTY  or  (CITY)  OF 


OFFICE   OF  COUNTY  OR  CITY  CLERK 
OF COUNTY    or CITY. 

I,    ,  County  Clerk  of County, 

or  City  Clerk  of ,  State  of  Colorado,  do  hereby 

certify  that  at  a  meeting  held  at  the  County  Clerk's  office  or  (City  Clerk's 

office)  at  the on  the 

(Court  House  or  City  Hall  of  City) 

day  of September,  A.  D.  19 ,  

(Name  of  County  or  City  Clerk) 

County  Clerk  of County  or  (City  Clerk  of ) 

and Justice  of  the  Peace  and Justice 

(Republican)  (Democratic) 

of  the  Peace,  constituting  the  County  Board  of  Canvassers  for 

County,  proceeded  to  examine  and  make  statements  of  the  Whole  num- 
ber of  votes  given  at  a  Primary  Election  held  on  the day 

of  September,  A.  D.  19 ,  for  the  nomination  of  County,  Precinct  or 

City  officers  mentioned  in  the  Notice  of  a  Primary  Election,  published 

and  posted  according  to  law  on  the day  of 

A.  D,  19 ,  that  were  voted  for  at  said  Direct  Primary  Election,  on  the 

day  of  September,  A.  D.  19 which  statements, 

certified  to  be  correct  and  subscribed  by  the  members  of  said  County 
Board  of  Canvassers,  with  a  Certificate  of  their  Determination  as  to  what 
persons  were  duly  nominated  for  such  offices,  or  any  of  them,  endorsed 
and  subscribed  thereon,  were  filed  in  my  office. 

I  FURTHER  CERTIFY,  That,  by  said  statements  and  certificates  of 

determination,  it  appears  that having 

received  the highest  number  of  votes  cast  at  said  Election 

for  any  one  person  for  the  nomination  for  the  office  of 

on  the  Ticket,  said  number  being 

votes,  was  by  said  County  Board  of  Canvassers  declared  duly  nominated 

for  said  office,  and  that  the  said 

(Name  of  party  candidate 

receiving  highest  number  of  votes  for  office  at  said  Primary  Election) 
will  be  placed  upon  the  official  ballot  at  the  ensuing  General  Election 
of  November ,  19 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand  and  af- 
fixed the  Seal  of  the  County  or  City,  at this 

day  of ,  A.  D.  19 


County  Clerk  of County, 

or  City  Clerk  of 

(SEAL) 


190  ELECTION  LAWS 

FORM  P.  E.  NO.  14. 

(To  be  filed  with  same  officer  as  original  petition  or  certificate  of  designation 

was  filed,  not  less  than  ten  days  after  the  day  of  holding 

Primary  Election.) 

SWORN  STATEMENT  OF  CAMPAIGN   EXPENSES. 

(See  Section  29,  Page  41,  Election  Laws  1918.) 


Showing  in  detail  all  the  moneys  contributed  or  expended  by. 
Candidate  for  the  nomination  for  the  office  of 


on  the Ticket,  voted  for  at  the  Primary 

(Political  party) 

Election  held  in County,  Colorado,  on  the 

day  of ,19 

Amount  paid ,  Clerk County 

for  filing  acceptance, $ 

Amount  paid Chairman 

(Name  of  Chairman)  (Political  party) 

Central  Committee  for  subscription 

(State) 
to  the  Campaign  Fund $ 

Amount  paid  to Chairman 

(County  or  City) 
Central  Committee  for  subscription  to  the  Campaign  Flind, 

$ 


Amount  paid  to. 


for, 
for. 
for. 


Total  Amount $ 

STATE  OF  COLORADO, 
County  of , 


[   ss. 


,  being  first  duly  sworn,  upon  his 

oath  deposes  and  says,  that  the  foregoing  statement  is  in  all  respects 
true,  and  that  the  same  is  a  full,  complete  and  detailed  statement  of  all 
money  expended  by  him,  directly  or  indirectly  by  himself  or  through  any 
other  person,  in  aid  of  his  nomination  at  the  Direct  Primary  Election 
of A.  D.  19. . . . 


(Signature  of  subscriber.) 

Subscribed  and  sworn  to  before  me,  this day  of 

A.  D.  19.... 

My  Commission  Expires 


Notary  Public  or  other  officer. 
(SEAL) 


ELECTION  LAWS  191 

FORM  P.  E.  NO.  15. 

CERTIFICATE    OF  WITHDRAWAL    FROM    NOMINATION. 
In  accordance  with  the  provisions  of  Section  37,   Primary  ElectioD 
Law  1910,  page  43,  Election  Laws  1918,  I, 

(Name  of  nominee  who  desires  to  withdraw   from   nomination) 
do  hereby  respectfully  decline  the  nomination  for  the  office  of 


,  on  the Ticket, 

(Title  of  office  to  which  nominated)  (Political  party) 

for  which  office  I  was  duly  nominated  at  the  Direct  Primary  Election 

held  on  the day  of A.  D.  19...., 

or  by  an  Independent  Petition  of  Nomination  filed  in  the  office  of. ... . 

on  the 

(Secretary  of  State)  (County  or  City  Clerk) 

day  of A.  D.  19 ,  and  which 

nomination  was  duly  accepted  by  filing  my  written  acceptance  of  such 

nomination  for  the  said  office  with  the , 

(Secretary  of  State)    (County  or  City  Clerk) 

on  the day  of.... ,  A.  D.   19 ,   and   do  by 

these  presents  respectfully  authorize  my  name  to  be  withdrawn  from  the 

nomination  for  the  office  of ,  to  be 

(Office  to  which  nominated) 

voted  on  at  the  ensuing  General  Election  of , 

A.  D.  19.... 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand  and  seal 

this day  of A.  D.  19 


(Signature  of  Candidate.) 
STATE  OF  COLORADO, 
County  of 


Before  me, ,  a  Notary  Public  in  and 

for  said  County  and  State,  personally  appeared , 

personally  known  to  me  to  be  the  person  whose  name  is  subscribed  to 
the  above  and  foregoing  Certificate  of  Withdrawal  from  Nomination,  and 
acknowledged  that  he  or  she  signed  said  instrument  in  writing  as  his  or 
her  free  and  voluntary  act  and  deed  for  the  uses  and  purposes  therein 
set  forth. 

Witness  my  hand  and  Notarial  Seal  this day  of 

,  A.  D.  19 


My  Commission  Expires 

Notary  Public  or  other  officer. 


(SEAL) 


192  ELECTION  LAWS 

FORM  P.  E.  NO.  16. 

AFFIDAVIT  OR  OATH   OF  CHALLENGED  VOTER 
AT  DIRECT  PRIMARY   ELECTION. 

(See  Section  11,  Page  34,  Election  Laws  1918.) 

STATE  OF  COLORADO,      ) 

V    ss. 
County  of ) 

I  do  hereby  solemnly  swear  (or  aflarm)  that  I  am  a  qualified  voter, 
that  I  am  a  member  of  and  affiliated  with  one  of  the  political  parties  rep- 
resented by  ballot  at  this  primary  election,  and  that  I  will  at  this  elec- 
tion vote  only  under  the  ballot  and  only  for  the  candidates  of  the  politi- 
cal party  of  which  I  am  a  member  and  with  which  I  am  affiliated. 

Subscribed  and  sworn  to  before 

this day  of ,  A.  D.  19 


Judges  of  Election. 
Precinct  No (Ward) (County) 


FORM  P.  E.  Na.  17. 

CERTIFIED  LIST  OF  REGISTRATION  FURNISHED  BY  COUNTY,  CITY 
OR  MUNICIPAL  CLERKS  TO  ELECTION  JUDGES  OF  EACH 
PRECINCT. 

I  hereby  certify  that  the  within  copy  of  registration  for  Precinct 

Ward  or  District County 

of State  of  Colorado,  containing 

names,  is  a  true  and  correct  list  of  all  the  registered 

voters  in  said  Precinct  who  voted  therein  at  the  last  general  election  and 

also  all  other  registered  voters  in  said  Precinct  whose  names  appear 

on  the  original  registration  book  of  said  precinct  in  my  office. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand  and  affixed 

the  Seal  of  the  County  of this 

day  of A.  D.  19 


County  Clerk  of County. 

(SEAL) 


INDEX 


INDEX 


Absent  Voter,  Sec. 

may  vote,  where  1 

must  have  certificate  2 

oath  of  2 

false,  penalty  6 

form    of 2 

vote   of,   canvassed  4 

deposited  with  local  clerk 3 

disposition  of  2 

after  canvass 5 

revealing    contents    of,     pen- 
alty      6 

illegal  voting  by  6 

Abstract, 

of    vote    for    executive    oflficers, 

disposition     2274 

sent   to   speaker   of  house 2276 

recorded  on  separate  sheets.. 2272 
disposition  of  2272 

Amendments, 

to  constitution,  how  adopted 2 

Appeals, 

in   election  contest  2293 

same    2314 

assisting  voter  ,..2261 

Assessor, 

when  elected  8 

qualification    10 

term  of  office 6 

Attorney  General, 

qualification    of   4 

term  of  office  4 

Auditor  of  State, 

term   of  office  4 

when    elected    2137 

Ballot, 

all  elections  by 8 

alteration   of,    forgery   1 

black  corner  on  2237 

penalty  for  failure  to  print....2239 

breaking  seal   on,   penalty 2376 

concealing   or    destroying,    pen- 
alty     2376 

constitutional    amendments 

printed  on   2235 

contain  no  emblem  1 

contents  of  2235 

correction   of  error  in 2240 

counted     2263 

counting    of    ballots    by    extra 

judge     7 

count,  not  divulged  9 

defective,  counted  when  2285 

delivered  to  judge  2377 

distribution    of 2243 

form    of 2235 

same    2236 

imperfect    or    defective,    effect 

of   2265 

same 2266 

judges,    number    2237 

penalty  for  failure  2238 

may  be  examined  in  contests....       8 

number  of,  to  be  provided 2242 

preparation    of 2241 

for   voter   2252 

by  voter  2259 

preserved,  for  how  long 2323 

printing  and  distribution  of,  a 

public  expense  2245 

shall  not  contain  emblem 2236 


Page 
129 
129 
129 
130 
129 
130 
129 
129 
130 

130 
130 


131 
132 
131 
131 


34 


135 
140 
125 


23 
156 
116 

117 
132 

132 

114 
119 
114 
117 
126 

110 
111 
134 
151 
118 
114 
116 

147 
148 
116 
117 
23 
118 
117 
121 
123 
142 

119 
116 


Ballot — Continued                                 Sec.  Page 

spoiled,  effect  of  .2262  125 

returned   2262  125 

substitute,  used  when 2244  118 

Ballot  Box, 

commissioners   furnish   2232  112 

description  of  2232  112 

keys  to   2232  112 

one   in  each  precinct  2232  112 

in  precincts  with  200  voters 1  109 

two  provided,   when  7  110 

Board  of  Bdncatlon, 

county,       control       of       county 

schools    15  25 

election  of  15  25 

Board  of  State   Canvassers, 

canvass  votes  2277  132 

cast  vote  in  case  of  tie,  when. ...2281  133 
count  defective  ballots,  when....2285  134 
have      defective      returns     cor- 
rected     2286  134 

meet  when 2279  133 

personnel  of  2277  132 

statement  and  certificate  of 2280  133 

statement   of,    published 2282  133 

Booths, 

arrangement  of  2233  112 

furnished  by  whom  2233  112 

number  of  2233  112 

Bribe, 

unlawful,  to  give  voter  2392  154 

for  voter  to  take  2394  154 

Bribery, 

disqualified  from   office 4  27 

what   amounts   to 4  27 

Candidates, 

file  statement  of  expenses 2368  148 

may  have  ballot  corrected 2240  117 

Canvass, 

by  canvassing  board 2277  132 

clerk  and  justice  of  peace 2272  131 

general    assembly    2276  132 

of  votes,   for  member  of  legis- 
lature      2  11 

Card, 

of  instruction  to  voters 2234  113 

Central   Committee, 

file  statement  of  expense 2368  148 

Challeng-e, 

duty  of  judge,  to  voter 2258  123 

of   voter,    grounds   of 2253  122 

refusal  of  voter  to  answer....2255  123 

refusal  to  take  oath 2256  123 

Cballengfer, 

rights  and  duties  of 30  104 

watcher   act    as 2268  128 

of   false   registration 13  92 

Charters, 

cities  may  adopt 6  35 

Chief  Justice, 

preside    on    trial    of    impeach- 
ment of  governor 1  28 

who  shall  be  8  17 

Cities, 

charters,  cities  of  2,000  popula- 
tion  make   or  amend  charter 6  35 

construction    of    word 2c  83 

home    rule    for 6  35 


196 


INDEX 


Cities — Continued                               Sec. 
proposal   for  conventions,   peti- 
tion      6          35 

number  of  signatures  6          35 

supersede    state    law    in    con- 
flict      6          35 

violation   of,  criminal  if  pro- 
vided by  statute  6          35 

charter  conventions  in   6          35 

initiative,    powers    of,    reserved 

to  voters  of  1            9 

how    regulated   1            9 

number  of   signatures   neces- 
sary   1            9 

ofl^cers,    suspensions    1          25 

term  of,  when  expires 1          25 

powers,   bonds   in   issuance  and 

liquidation  6          35 

consolidation   and   management 

of  parks  and  water  districts  6          35 
control  of  oflScers  and  terms  of 

office    6          35 

controlled    by   charter 6          35 

creation   of  municipal   courts....  6          35 

creation  of  police  courts 6          35 

enumeration    of,    not    to    affect 

others   6          35 

impose     penalties     and     collect 

fines     6          35 

levy  taxes   6          35 

matter  pertaining  to  municipal 

elections     6          35 

private   property    not   taken    or 

sold    for    debt 

recall  apply  to  officers  of 4         39 

referendum,      powers      of,      re- 
served to  voters  1            9 

how   regulated   1            9 

number   of  signatures   neces- 
sary       1            9 

statutes,      not     superseded     by 

charter  in  force  6          35 

City  and  County  of  Denver, 

amendment        providing        for 

charters  apply  to 6          35 

charter,    ratified    and    validated  6          35 
City  Elections, 

registration  act  applies  to 23       101 

officers  in  charge  of 23        101 

registration   committee    for 28          81 

procedure  for  28          81 

Clerk, 

of  election,  how  chosen 2219       107 

oath  of  2222        108 

qualifications    of   2218       107 

salary   of  2226       108 

to  keep  poll  and  tally  list 10          90 

for  counting  5        110 

of    registration,    to    be    of    op- 
posite   politics    29        104 

who   may   appoint  29        104 

compensation     27-39   103-105 

certificate,    form    of 7          88 

Congressmen, 

election   when  2137  41 

district   of   1        159 

Compensation, 

members  of  general  assembly..  6          12 
registration       committee       and 

clerks     29-39  104-105 

same    -. 23          79 

county  clerk  22          79 

Constable, 

election    when    11-2140    23-42 

special,    for   election,   when  ap- 
pointed     2270       128 

fees   of   2271        128 

Constitution, 

amendments    to,    how    adopted..  2          34 
convention     to     re-enact,     how 

called    1         33 


Constitution — Continued  Sec.    Page. 

people  may   abolish   or  amend..       2  5 

United       States,       not      to      be 

abridged   2  5 

Constitutional   Amendments, 

secretary  of  state  certify  ques- 
tion to  be  voted  on 2145  44 

how  voted  on  2145  44 

how    published    1  40 

Constitutional    Convention, 

how  called  1  33 

Coiitested  Election, 

ballots     may     be     counted    and 

compared 8  23 

by   whom    2287        135 

county  officers,   answer  of  con- 

testee    2312        139 

appeals,  how  taken  2314        140 

authority  to  enforce  orders. ...2316        141 

bond  of  contestor 2310        139 

causes   of  contest 2308       138 

contents    of    statements    and 

answer    2312       139 

contestor    reply    when 2313        140 

costs,  by  whom  paid 2318        141 

county  judge  try  2310        139 

depositions,  how  taken 2314       140 

evidence      not      to     be      used 

against  witnesses  2315        141 

judge  decide  2317        141 

examine      poll      book      and 

ballot   box 2316       141 

proceedings  how  conducted. ...2315       141 
statement   of   contestor,    con- 
tents     2311 

summons  to  contestee 2312 

testimony  at  trial  2315 

trial  when  2314 

who  may  contest  2308' 

do  not  prevent  quo  warranto...  12 
general  asesmbly  provide  for....  12 
jurisdiction   of  courts  2288,  2289 

over     2290 

legislators,    who    contest 2298 

member  general  assembly,  con- 
testor's  statement  and  no- 
tice      2299 

depositions    certified   and    de- 
livered     2307 

depositions   how    taken   2304 

how   transmitted  2307 

of       rebutting       witnesses 

taken     2303 

statement  and  answer 2300 

subpoenas    issued    by    whom. .2305 
time   of   taking  depositions. .2304 
presidential     electors     and 

judges  2287 

appeals  how  taken 2293 

change  of  venue 2292 

power  of  judges 2291 

rules  and  proceedings ..2291 

proceedings  in  court  in  case 

of  2291 

state      officers,      evidence      and 

depositions    2296 

file   notice   with  secretary   of 

state    2294 

general  asesmbly  meet 2295 

notice  to  contestee 2295 

rules    in   conducting 2297 

town,  precinct  and  school  of- 
ficers,  appeals   not   allowed. ...2319 

tried  in  county  court 2319 

votes,    recount  of.   when 2316 

witnesses  in,    no  privilege 2316 

who   may   institute   2287 

Convention, 

bribery    in,    unlawful 2397 

frauds   in.    unlawful 2396 

by  officials  2400 


INDEX 


197 


Convention — Continued                     Sec'  Page. 

penalty  for  fraud  or  bribery 2399  155 

undue    influence   in,    unlawful. ...2401  156 

Coroner, 

when  elected  8  31 

Counties, 

officers    of    8  31 

striking    from    or   adding    to 3  30 

County  Clerk, 

certify    abstract     of     votes     to 

secretary    of    state 2274  131 

construction    of    term 2275  132 

correct    registration    if  address 

changed    11  91 

election,    when    8  31 

furnish   blank   registries 2165  66 

issue    certificates    of    registra- 
tion, when   28  102 

make   abstract    of   votes 2272  131 

when   deputy  acts 2275  132 

copies   of  registration   lists....     21  100 

publish    notice   of   election 2144  43 

registration     23  101 

appoint     registrars     where     no 

county  chairman  5  70 

certifies  list  of  registrars        ).    6-10  71-73 

to   county   chairman J           5  70 

delivers     registration     book     to 

committee    9-3-7      73-82-88 

fees   of  J  22-6  79-83 

\      27  103 
issue  certificate   to  committee..       6  71 
deliver    corrected    list    to    com- 
mittee          10  90 

deliver    original    book    to    com- 
mittee        21  100 

makes    rules    20  100 

registration     23  100 

new   registration ., 25  102 

preserve     oaths     and     affirma- 
tions         28  103 

transfer    names 22  100 

County   Commissioners, 

construction  of  term 2e  84 

election    of 6-2140  30-42 

establish   precincts 2229  111 

fill    vacancy    in    county    judge- 
ship           29  20 

oath  of 8  27 

may  cause  registration  lists  to 

be  printed  and  published 2168  68 

provide    ballot   boxes .....2232  112 

booths     2233  112 

cards    of    instruction 2234  113 

election    supplies 15-19  95-100 

polling    place 23  101 

qualifications    of ^ 10  8:^ 

term  of  office 6  20 

vacancies  in,  how  filled 2334-9   145-22 

County  Judg'es, 

election  of.  term  ot  ottice 22-2139  19-42 

contested   2287  135 

jurisdiction   of  court 2290  135 

change   of  venue 2292  135 

procedure    in 2291  135 

appeals     2293  135 

try   contest   election   of   county 

officers    2310  lay 

Counting-   Judg'es, 

additional    oath    of 9  111 

meet    when 5  110 

shall   not   divulge  count 9  111 

County   OfB-cers, 

election    of 8-2139  31-42 

contest    of,    causes 2308  138 

causes   insufficient .* 2309  139 

costs   of 2318  141 


County  Officers — Continued             Sec.  Page. 

county   judge    try 2310  io9 

issuance  and  service  of  sum- 
mons   2312  139 

procedure     2315  141 

contestor's    statement 2311  139 

contestee's   answer 2312  139 

contestor's    reply 2313  140 

examination  of  poll  books. .2316  141 

testimony    in 2314  140 

judgment    in : 2317  141 

appeal    from 2314  140 

time  of  trial 2314  140 

vacancies   in,   how  filled 2333  145 

County  Seat — Iiocation  and  Removal, 

how    changed 1165-1176   156-159 


ho\v    removed. 


County  Superintendent  of  Schools, 

election    of 8 

County  Surveyor, 

election   of 8 

qualification    and    term    of    of- 
fice   8 

County  Treasurer, 

election    of 8 

investigation    of   affairs    of   of- 
fice      ., 5 

qualifications    10 

term  of  office..... 6 

vacancy,   how    filled 9 

Courts, 

County — 

judge  of,  election  of 22 

not     subject     to     impeach- 
ment      2 

qualification    of 10 

subject    to    removal 3 

vacancy  in,  how  filled 9 

District — 

judges    of,    salary 30 

jurisdiction   in   contests 2310 

same   2290 

same    2289 

purging   registration 12b 

Supreme — 

chief  justice  of 8 

judges  of,   election  of 6 

salary   of 30 

power  of  review 8 

vestment    of    judicial    power 

in  1 

Defalcation, 

disqualifies   from   office 3 


31 

31 
31 

31 

27 
33 
30 
32 

19 

29 
33 
29 
32 

12 
139 
135 
135 

91 

17 
17 
12 
17 

13 

27 

Depositions, 

in    election    contests 2302-2306   137-138 

Direct     Primary     Elections — See     Nomina- 
tions in  Incorporated  Towns, 

primaries     

nominations   by  direct  primary 
exceptions   

assembly    nominations 

certification     

political   parties   to  have   sepa- 
rate   tickets 

political   parties   defined 

assembly  defined 

this  act  effective 

direct    primary    election,    when 
and  "where  held 

candidates      for      nominations, 
how    placed    on    ballot 

petitions,   contents   of 

assembly    candidates    for    nom- 
ination,   shall    be    certified 

assembly    officers    to    make    af- 
fidavit      

assembly   designations 

only  one  ballot  allowed 


45 
45 
45 
45 
45 

46 
46 
46 
46 

46 

46 
46 

46 

46 

46 
46 


198 


INDEX 


Sec.    Page. 
Direct  Primary  Elections — Continued 

all  candidates  receiving  ten 
per  cent  of  assembly  vote  to 
be    certified 4  46 

assembly  candidates  to  go  on 
ballot  in  order  of  vote  re- 
ceived         4  46 

assembly  not  to  declare  a  nom- 
ination            4  46 

candidates     m'ust     file     written 

acceptance  4  46 

petition  candidates  to  follow 
assembly  candidates  on  bal- 
lot            4  46 

number  of  signatures  required 

on    petition    5  47 

limitation 5  47 

electors  signing  petition  to 
give  address  and  precincts 
and   make    oath 5  47 

petition    requirements 5  47 

acceptance  of  candidates 5  47 

petitions,      where,      when      and 

with   whom   filed*. 6  4S 

secretary  of  state  shall 
transmit  list  of  candidates 
to  county  clerks 7  48 

primary    election    notice    to    be 

published   and   posted 7  48 

publication  in  two  newspa- 
pers         8  48 

method  of  voting 9         48 

separate   party   ballots 9         48 

all  tickets  must  be  uniform 9         48 

arrangement   of   ballot 9         48 

arrangement  of  name  on  direct 

primary    ballot 9  48 

city  and  municipal  elections....       9  48 

duties   of    city   or   municipal 

clerk   9  48 

form  of  ballot 9  48 

general  form  of  ballot  to  be 

followed  9  48 

party  ballots   to  be   fastened 

together  10    51 

all  party  direct  primary  elec- 
tions to  be  held  at  same  time 
and   place 10  51 

qualifications  of  voters  at  di- 
rect   primary    elections 11  51 

method  of  voting 11  51 

spoiled    ballots 11  51 

voter    may    write    in    name    of 

person  not  printed  on  ballot     11  51 

blank  ballot  box 11  51 

contents  to  be  destroyed....     11  51 

challenged     voter     to     make 

oath     11  51 

defective  ballots 12  52 

intent   of  voter  must   gov- 
ern      ^ 12  52* 

general  election  laws  to  ap- 
ply to  primary  elections....     13  52 

appointment     of     judges     and 

clerks    14  52 

watchers    15  52 

party  chairman  to  certify 
names  of  watchers  to  elec- 
tion  judges 15  52 

penalty      f  o  r       not      allowing 

watchers    to   act 15  52 

fees  of  judges  and  clerks 15  52 

secretary    of    state    to    provide 

copies  of  this  law 16  52 

when    polls    are    to    open    and 

close    17  53 

who    may     vote    after    closing 

hour    17  53 

no  adjournment  or  intermis- 
sion   permitted 17  53 

duties  of  judges  and  clerks  in 

counting    ballots 18  53 


Sec. 
Direct  Primary  Elections — Continued 

tally   sheets    furnished 19 

form  of  tally  sheets 19 

arrangement  of  names  on  tally 

sheets 19 

general   election  laws   to  ap- 
ply       20 

precinct    officers 21 

election    of    same 21 

precinct  committeemen  and 
women  to  constitute  cen- 
tral   committees 21 

term  of  two  years 21 

vacancies       in        committees, 

how    filled 21 

committee    officers,    how    and 

when   elected 21 

State   central   committees,   how 

constituted    21 

other    party    committees,    how 

formed   21 

election     of     committee     of- 
ficers       21 

additional    members    allowed 
when    sufficient    votes    are 

polled   21 

State      central      committee      to 

make   rules 21 

vacancies,  how  filled 21 

sub-committees    21 

present    committees    legal 21 

state  platform,  how  formu- 
lated, when  and  by  whom 22 

party  nominees,  how  chosen 23 

state  board  of  canvassers, 
how       constituted      and      by 

whom    24 

meetings    ► 24 

certificates  to  be  filed 24 

city,     county    and    municipal 

votes,   how   canvassed 25 

canvassers  to  file  statement 24 

contents  of  statement 24 

ties,    how    determined 24 

notice  of  nomination 24 

names     to     appear     on     official 

election    ballot 24 

candidates     to     fill     vacancies, 

must  be  certified   under  oath     24 
errors,  omissions  and  wrongful 

acts,   how  corrected 25 

duty      of     judges      of     district 

court     25 

burden    of   proof 25 

must   deposit  witness    fees....     25 

contempt   of   court 25 

independent     candidates 26 

nomination  of  same 26 

political  party  names  not  to 

be  used 26 

number     of     signatures     re- 
quired       26 

certificate  may  be  amended....     26 
signers   must   make    oath   by 

affidavit    26 

certificate,    where    filed 26 

certificate,   when   filed 26 

written  acceptance  of  nomin- 
ations         26 

rights  and  penalties 26 

secretary    of    state    and    at- 
torney   general    to   prepare 

forms    27 

campaign    expenses 28 

limitations    of    personal    ex- 
penses   defined 28 

penalty  for  violations  of  this 

section    28 

candidates    must    file    sworn 

statement   of  expenses 29 

penalty    for   not   filing   sworn 
statement   of  expenses 30 


INDEX 


199 


Sec.  Page. 
>irect  Primary  Elections — Continued 

provision  of   statutes   to   apply 

to    direct   primary   elections..     31  59 

forgery  32  59 

candidates    for    United     States 
senator    nominated    at    direct 

primary  elections 33  59 

secretary  of  state  to   certify 

result  to  general  assembly     33  59 
names  of  candidates  to  go  on 

official    ballot 33  59 

secretary  of  state  to  certify 

result  to  general  assembly     33  59 

penalty  for  swearing  falsely     33  59 

legislative      candidates      may 

make    statement 84  59 

form  of  statement 34  59 

pledge  printed  on  ballot 34  59 

committee     contests,     how    de- 
termined   ...., 35  60 

filings  to  be  public  records 36  60 

certified    copies    of  filings 36  60 

all  filings  to  be  preserved  for 

two    years 36  60 

withdrawal   from   nominations..     37  60 

death  of  a  candidate 38  60 

name  to  be  erased  or  omitted 

from  ballot 38  60 

certified    lists    of    registration 

furnished  39  60 

bribery   of  voter 40  61 

penalty     40  61 

election   offenses 41  61 

punishment  41  61 

misuse  of  nomination  papers  a 

misdemeanor    42  61 

punishment  42  61 

neglect     of    duty     by     primary 

election  officers  a  felony 43  61 

punishment 43  61 

election   contests  to  be  adjudi- 
cated   by    county    or    district 

court 44  61 

original   jurisdiction 44  61 

when   the   supreme   court  is   to 

take  original  jurisdiction....          44  61 

procedure     ^ 44  61 

service  of  petition 44  61 

election  expenses,  how  paid 45  62 

laws  applicable  to  this  act 46  62 

masculine    pronoun    to    include 

feminine     47  62 

county   clerk   defined 48  62 

duties  of  election  commissions     49  62 

repealing    clause 50  62 

district   Attorney, 

election  and  qualification  of 21  19 

must  reside  in  district 29  20 

term  of  all,  to  expire  on  same 

day    15  18 

term  of  office 21  19 

vacancy  filled  by  district  judge     29  20 
district  Judg'e, 

contest  of  election  of ^ 2287  135 

jurisdiction    of    court 2289  135 

change  of  venue     2292  135 

procedure    in 2291  135 

appeals  2293  135' 

Duel, 

disqualifies   from  office 12  28 

Slection, 

by    ballot 8  23 

by  voting  machine 8  23 

books  and  records  of  preserved     28  103 

canvass   of  votes   of 2272-2286   131-134 

clerks  of,   appointment  of 29  104 

same    2218  107 

attest  certificate  of  returns..2267  127 
compensation  of — see  pages..l03-108-109 

keep  poll  list 2251  121 

tally    list 2264  126 


Sec.  Page. 
Election — Continued 

note   sworn  votes 2257  123 

oath    of 2222  108 

contested,    ballot    may    be    ex- 
amined   in 8  23 

where    tried  ...^ 12  24 

witness  must  testify  in 9  23 

employes  allowed  time  to  vote 

at   2321  142 

expenses     of,     candidates     and 

committee  file   2368  148 

free  and  open  insured „...       5  22 

general,   call  of 2142  43 

when  held 7  23 

notice  of   published 2144  43 

judges   of,   appointment   of 2218  107 

same   2217  106 

same  for  new  precincts 2170  69 

apportionment   of 3  84 

challenge  vote,  when 2258  123 

compensation   of — see   pages  108-109 

elected  by  voter,  when 2225  108 

make,  certificates  of  returns.. 2267  127 

and,   return   registry  list....2168  68 

may  assist  illiterate  voter 2261  125 

appoint  special  constable.... 2270  128 

must  receive  legal  vote 2260  124 

oath  of 2222  108 

same   3  84 

open  ballot  box  before  polls..2248  121 

revise    registry   list 2169  68 

same   2266  126 

term  of 2220  107 

same   3  84 

vacancies  in,  how  filled 3  84 

offenses    against 2361-2401   146-156 

same  2379  152 

offender     a     competent     wit- 
ness   2370  149 

penalties    for 2379  152 

penalty  for,  admitting  illegal 

voting  at 2391  154 

bribing   voter 2392  154 

making     false     oath     if 

challenged  2388  153 

penalty  for  procuring 2389  153 

neglect  of  duty  at 2390  153 

repeating  2361  146 

voting   in   wrong   ward 2393  154 

of  members  of  legislature 2  11 

state   officers 3  7 

purity  of,    to   be   preserved 11  24 

special,  general  laws  govern 2327  144 

canvass  of  votes 2328  144 

held   when 2328  144 

to  fill  vacancy,  in  congress.. ..2330  144 

in  legislature 2329  144 

time  of  holding 2136  41 

to  remove  county  seat 2  29 

Electors, 

absent,   vote   by   mail 1-7   129-130 

imprisonment   disfranchises 10  24 

only    person    qualified    to    hold 

office    6  22 

privileges     of 5  22 

qualifications  of 1  '  21 

educational    qualifications 3  22 

questions  to  be  asked  on  regis- 
tering          8  90 

residence  of,  how  determined....       4  22 

sign  name  to  registry  book 7  88 

tax    paying 1  45 

Electoral  College, 

meets,   when 2335  145 

Election  Officers,  Compensation, 
judges'    and    clerks'    compensa- 
tion    2226  108 

messengers,    mileage 2226  108 

registration  committee  and           f  23  79 

clerks -j  29  104 

39  105 


200 


INDEX 


XSmbezzlement,                                      Sec.  Page. 

disqualifies  from  office 4  27 

ISrrors, 

in   ballot,   when   overlooked 2285  134 

in  returns,  when  corrected 2286  134 

Executive  Department, 

how   composed : , 1  6 

qualifications    4  7 

reside  at  seat  of  government....       1  6 

term  of  office 1  6 

Expense, 

statement  of  filed,  by  candi- 
date      2368  148 

by   central   committee 2368  148 

Pees 

election    officials 2228  109 

same   2226  108 

same   2227  109 

justice   for  canvassing  vote 2373  150 

presidential    electors 2336  145 

r  22  79 

county    clerk \  23  79 

[27  81 
Pemales, 

may  vote 2147  44. 

Fines, 

election,  paid  to  school  fund.. ..2384  153 

Forging'  Ballots, 

penalty  156 

Form, 

of,    ballot 2235-2236   114-116 

judges'  certificate 2267  127 

notice    of    petition    to    purge 

registration     12  91 

oath  of,  election  judge 3e  86 

elector    2166  67 

person  registering,  himself       7  88 

others  7  88 

vouchers    2166  67 

registration   books 16  95 

for  use  in  direct  primary  elec- 
tion     192 

abstract  of  votes  from  election 

precincts    183 

acceptance    of    nomination    by 

petition    172 

of  designation  by  assembly..  173 

of  independent   nomination....  179 
affidavit  or  oath   of  challenged 

voter 192 

ballot,  official  direct  primary....  180 
campaign        expenses,        sworn 

statement   of 190 

certificate,     of    designation    by 

assembly    173 

of  designation  to  fill  vacancy  185 
of      determination,       count 

board   of   canvassers 187 

of  independent   nomination....  176 
of     registration     by     county 

clerk,    etc 192 

of  withdrawal  from  nomina- 
tion     191 

notice,   of   nomination 189 

of  primary  election 181 

primary    nomination    petition....  171 

tally   sheets,    form   of 182 

General  Assembly, 

canvass    votes 2276  132 

consigts    of 1  9 

contest  of  election  of  mem- 
bers     2298-2307   136-138 

determine    election    contest    of 

state    officers 2295  136 

election   of  members   of 2  11 

list  of  members  of,  certified  by 

secretary  of  state 2283  133 

may  grant  right  of  suffrage  to 

women    2  22 


General  Assembly — Continued        Sec.    Page, 
propose  amendments  to  con- 
stitution    2  3^ 

provide     for     suspension     of 

officers    1  2i 

recommend    a    constitutional 

convention  1  3* 

j  require     educational     qualifi- 

!  cation   of  voter 3  2! 

I        members  of,  cannot  hold  other 

I  office   8 

I  oath    of 7 

privileges   of 6 

I  qualification    of 4 

salary  of 6 

I        organize   school   districts 15 

!        regulate,    election    contests 12 

I        term    of    members 3 

I        vacancies  in,  how  filled 2-2329   11-144 

vestment    of    legislative    power 

I  in     1  9 

I  iG-ovemor, 

j        appoint    officers 6  7 

I        election    of 2137  41 

!        fill   vacancies,   in   offices 6  7 

j        qualifications  of 4  7 

I        salary  of 30  12 

term  of  office 1  6 

Grand  Jury, 

may  investigate  treasurer's  of- 
fice    5  21 

Headless  Ballot, 

arrangement     of     voting     ma- 
chines       2 

form  of 1 

instructions    printed   on 2 

no    emblem 1 

judges   assisting  voters 3 

oath     3 

perjury     3 

primaries     4 

penalty    for    violation 5 

Home  Rule  for  Cities  and  Towns, 
people    vested    with    power    to 

amend  6 

charter   shall   supersede 6 

charter  conventions 6 

certifying  to  secretary  of  state  6 

municipal    offices 6 

police  courts 6 

municipal    courts 6 

municipal    elections 6 

municipal    obligations 6 

park  and  water  districts 6 

taxes     6 

fines    6 

full  right  of  self-government....  6 

statutes   to  apply 6 

charters    ratified 6 

House  of  Representatives, 

sole   power  of  impeachment 1 

speaker  of,   open  returns 2276 

Impeaclunent, 

judgment    on 2 

no  bar  to  prosecution 2 

sole  power  of,  in  house  of  rep- 
resentatives      1 

trial  by  senate 1 

who  is  liable  to 2 

who  is  not  subject  to 2 

their    liability 3 


INITIATIVE  AND   REFBRENDUM. 

Initiative, 

ballot    title 1 

eight   per   cent   of   legal   voters 

required  to  propose  same 1 

election,   when   held 1 

laws    adopted    through .•..  1 


INDEX 


201 


Initiative — Continued  Sec. 

legislative    power 1 

where   vested 1 

style    of 1 

measures,   submitted   to   people  1 

duty  of   secretary  of  state....  1 

text    of,    published   how 1 

when  take  effect 1 

petition     filed     with     secretary 

of    state 1 

affidavit  vouching  for  signa- 
tures     1 

filed,   when 1 

form    1 

number  of  signatures 1 

basis    of   representation 1 

verification    of 1 

prima  facie  evidence 1 

power  of  people  to  make  laws 

by    1 

powers  of,  reserved  to  munici- 
palities    1 

how    regulated 1 

number  of  signatures   neces- 
sary       1 

reserved  to  people  of  state....  1 

title  of  measure 1 

iReferendtuu, 

exceptions  f roin 1 

five  per  cent  of  legal  voters  re- 
quired to  propose  same 1 

petitions    filed    with    secretary 

of  state  within  ninety  days..  1 

veto   of  governor  not   to  apply  1 

when   submitted 1 

majority  of  votes  required 1 

governor  to  issue  proclamation  1 
basis   of  number  of  signers   to 

petitions     1 

secretary  of  state  shall  submit 

measures 1 

petition     form     of    same,     how 

signed  1 

affidavit  of  elector  required  to 

verify    signatures 1 

publication    required 1 

style  of  laws 1 

initiative  and  referendum  pow- 
ers   reserved    to     cities    and 

towns    1 

not  more  than  ten  per  cent  of 
voters      required      to      order 

same   1 

form  of  ballot 1 

canvass    of   votes 1 

Supplemental  Act, 

warning,   petition,   signing  of....  1 

petition,     form 2 

petition  may  be  amended 3 

measures,    ballot    title 4 

certificate       of      secretary      of 

state    5 

votes,   how   canvassed 6 

measure,    time    of    going    into 

effect     9 

ordinance    or    amendment    sub- 
mitted   by     petition     of    five 

per  cent  vote 10 

vote     upon    which    petition     is 

based    11 

local    option 12 

petition,  qualifications  to  sign..  13 

Insane  Person, 

can    not    vote 2148 

Instructions, 

cards  of,   for  election 2234 

to  illiterate  voters 2261 

Interpreter, 

appointed  to  assist  voter 2261 


Page. 

9 
9 


162 
162 
162 
163 

163 
164 

165 


165 

166 
166 
166 


44 


113 

125 


125 


Judgres,  Sec.    Page. 

county,  election  of 22          19 

must  reside  in  county 29          20 

salary   of 22          19 

term    of    office 22          19 

vacancy      filled      by     county 

commissioners    29          20 

district,    election    of 15-2138   18-42 

fill  vacancy  of  district  attor- 
ney       29 

must  reside  in  district 29 

salary    of 30 

vacancies   filled   by   governor  29 

supreme,    election   of 6 

salary    of 30 

term  of  office 7 


20 
20 
12 
20 
17 
12 
17 
107 
84 


election,    appointment   of 2218 

same   3 

same   in   precincts  with  over 
200     votes,     receiving    and 

canvassing    1  109 

compensation  of J  2226  108 

(  1-2  109 

oath  of 2221-2222  108 

same  2223  108 

qualifications    2218  107 

same    2227  109 

vacancies  in,  how  filled 3  84 

Justice   of  the  Peace, 

assist   in  canvassing  votes 2272  131 

fee    for 2273  131 

election    of 11-2140  33-42 

term    of    office 11  33 

number    of 11  33 

not  subject  to  removal 2  29 

subject    to    removal 3  29 

vested  with  judicial  power 1  13 

ImSLW, 

shall  not  extend  term  of  office     30  12 

takes  effect  in  90  days,   except       1  9 

ILieutenant    G-ovemor, 

election    of 2137  41 

impeachment    of 2  29 

qualifications    of 4  7 

term   of  office 1  6 

Iiiquor, 

unlawful    to     sell     on    election 

day     2385-2386        153 

unlawful    to    take    into    polling 

place   2378       151 

Mail, 

voting   by 1-7   129-130 

BflLessengrers, 

compensation    of 2227        109 

NOMINATIOirS    IN    INCORPORATED 
TOWNS. 


See  Also  Direct  Primary  Elections, 

candidates    of    convention 2151 

other   than   by   convention 2155 

certificates    of    nomination    by 

convention     2152 

filed    where 2153 

contents     2155 

preserved  by  whom 2156 

i        list     of     nominations     sent     to 

i  precinct  officers 2160 

I        publication  and  posting  of 2159 

secretary    of    state    certify    to 

county    clerk 2158 

I   Notary  Public, 

I        take     depositions     in     election 

I  contest    2305 

Notice, 

of,    contest 2294 

election    2142 

purging    registration 12 

by  county  clerk 10 

to  challenge  elector 18 

registration     23 

of  new   registration 25 


63 
64 

63 
63 
64 
64 

66 
65 

65 


138 

135 
43 
91 
73 
76 
101 
102 


202 


INDEX 


Oatli,                                                         Sec.  Page. 

of  civil  officers 8  27 

of  legislators 7  27 

of   elector   registering,   himself       7  88 

same   2166  67 

others    7-11  88-74 

of,  judge  of  election 3c  84 

registration   committee 3c  84 

voucher   to   registration 2166  67 

false   certification 156 

of,   registrars 

preserved  by  county  clerk 28  103 

blanks    to    committee 3-7  84-71 

form    of 3-7  84-71 

qualifications  of  members  of 

committee    3-7  84-71 

that    registration    committee 

deliver    3  84 

form  of  for  elector 11  74 

Offenses, 

against,  election  laws 2361-2401  146-156 

[35  105 

registration  act J  33  105 

1  31  181 

[30  181 

officials  in  charter  cities 156 

Office, 

public,    can    only    be    held    by 

electors  6-2150  22-45 

defaulters  disqualified  from..       3  27 

duelists   disqualified   from 12  28 

embezzl  e  m  e  n  V     disqualifies 

from   4  27 

Officers, 

county,    enumeration   of 8  31 

qualifications    10  33 

extent   of    term 1  25 

must    give    personal    attention 

duties   2  26 

oath    of 8  27 

refusal  of,  to  qualify 10  28 

term  of,  filling  vacancy 11  28 

what,  liable  to  impeachment 2  29 

not  liable  to  impeachment 2  29 

Pardon, 

revives   right   to  vote 2148  44 

Penalty, 

violations  of  election  laws  2361-2401 

[33  105 

violations  of  registration  laws      J  35  105 

1  30  81 

[31  81 
People, 

insured  inalienable  rights 3  5 

open    elections 5  6 

may  alter  or  abolish  constitu- 
tion          2  5 

right  reserved  to  govern  them- 
selves          1  5 

Perjury, 

to  make  false  oath,   if  chal-  J       33  59 

lenged     \  2388  153 

penalty  for  suborning 2389  153 

registration   laws f  31  81 

X  35  105 
Political  Parties, 

controversies   of,   control  of 2325  143 

defined    .' 2  46 

Political  Power, 

derived   from    people 1  5 

where    vested 1  5 

Poll  Books — See  Registration, 
examination  of  in  election  con- 
test     2316  141 

penalty  for  destroying 2395  154 

secretary   of   state   make   form 

of  2324  143 

Poll  i;ist — See  Registration, 

clerk  keep 2251  121 

form    of 2251  121 


Polling  Place — See  Registration,  Sec.  Page. 

arrangement  of 2233  112 

diagram    of 113 

commissioners,    select 2229  111 

electioneering        not        allowed 

near     2377  151 

instructions    posted    in 2234  113 

judges  may  change,  when 2230  112 

new,   when   established 2229  111 

not  to  be  near  saloon 2378  151 

notice    of    change 2231  112 

unlawful   to   take   liquor   into... .2378  151 

Polls.    See  Registration 

when   open 2246       121 

close   2247       121 

Precincts, 

commissioners    establish 2229 

new,   formed  how 2229 

furnished    with    registration 

lists     2170 

judges    appointed    for 2170 

registration  committee   for. ...2229 

size  of 2229 

same,     if     over     200     voters, 
extra  judges  and  clerks 1 


Presidential  Electors, 

contest    of 2287 

jurisdiction  of  court 2288 

fees   of 2336 

meet    when 2335 

secretary  of  state  prepare  list 

of  2284 

vacancies  in.   how  filled 2335 


111 
111 

69 

69 

111 

111 

109 

135 
135 
145 
145 

133 
145 


when  elected 2138-2336  42-145 

j  Primaries — See    Direct    Primary    Elections. 
See  dominations  in  Incorporated  Towns. 

penalty  for,  bribery  in 2397  155 

fraud   at 2396  154 

by  officials 2400  155 

undue  influence  at 2401  156 

wrongful   voting   at 2398  155 

punishment  for  fraud  at 2399  155 

Prisoners, 

can    not    vote 2148  44 

Prosecntion, 

of  election  cases 34-37  105 

Public   Office, 

who   may   hold 2150  45 

Purge — See  (Registration, 

petition  to,   registration 12  91 

Qualifications, 

of  judges  and  clerks 2218  107 

registration   committee 3e  86 

voters   2146  44 

same    2147  44 

same   7  8S 

taxpaying   elector 1  45 

watchers  and  challengers 2268  128 

Quorum, 

in    board    of    county    commis- 
sioners           6  30 

Reapportionment, 

congressional    1  159 

legislative   1  159 

senatorial    3  160 

(Recall    from    Office, 

recall,    act    apply    to    counties, 

towns    4  39 

act    self-executing 4  39 

apply    to    all    elective    public 

officers    1  37 

ballot  contain  names  of  can- 
didates           4  39 

basis    for    number    of    signa- 
tures           2  38 

candidates     may     be     nomi- 
nated  by  petition 3  38 


INDEX 


203 


Recall  from  OfBlce — Continued       Sec.    Page, 
charges   and   counter-charges 

printed   on   ballot 3  38 

cities    and    counties,     cannot 
require    a    larger    per    cent 

signatures  4  39 

court     may    review    findings 

on  sufficiency  of  petition....       3  38 

duties   of   various   officers 4  39 

election    held    if    officer    does 
not  resign  within  five  days 

when    held    

electors  judges  of  legality  of 

grounds    

expenses     of    incumbent    re- 
paid,  when 

general  laws  of  state  to  ap- 
ply to  petitions 

governor  to  fix  date  of  election 
groundgi    for    not    subject    to 

review    

legislator      subject      to      recall 

after   five    days 

not     affect     charter     power     of 

cities     

of     governor,     lieutenant     gov- 
ernor   perform    duties 

one    petition   only   during   term 

of  office,  except 

petition  circulated,  how  signed 
insufficient,      withdrawn, 

amended    and    re-filed 

state    grounds    for 

where    filed 

procedure,    petition 

number  of  signatures  neces- 
sary     

protesting  signature,  hearing.... 
resignation    after     filing    peti- 
tion, how  fill  vacancy 3 

secretary   of   state,   state   audi- 
tor act   4 

signatures  necessary  for  recall 
of  one  of  several  elected  for 

same  office 1 

necessary     for     second    peti- 
tion          4 

on  petition  assumed  genuine       2 
six  months'  service  before  sub- 
ject to   recall 4 

verification  of  petition 2 

penalty    for   false 2 

who      considered     an      elective 

officer    4 

declared  elected 3 


Elecall  of  Decisions, 
recall   of 

amended  petition  filed 

basis    for    number    of    signa- 
tures      

canvass   of  vote,   on   petition 

charter  become  law  notw^ith- 
standing     decision 

court  may  review  findings  of 
insufficiency  of  petition 

decision     filed     in     office     of 
clerk  of  supreme  court 

decision    not    binding    for    60 
days 

decision   under   charter,    pro- 
cedure      

procedure,    referendum   pe- 
tition      

referendum    petition,     how 

published     

vote  on  at  regular  election 

decision   under  state  law 

law  binding  as  voted  upon.... 

petition,    description    of    law 
to  be  voted  on 


38 
38 

37 

39 

39 
38 

37 

39 

39 

39 

39 
38 

38 
37 
37 
38 

37 
38 

38 

39 

37 

39 
38 

39 
38 
38 

39 
38 


13 
13 

13 
13 

13 

13 

13 

13 

13 

13 

13 
13 
13 
13 

13 


Recall  of  Decisions — Continued    Sec.    Page, 
description    of    law    to    be 
voted    on,     similar    peti- 
tion   in   another    petition 

forbidden   in 1  13 

sufficient    withdrawn 1  13 

legislation    to    facilitate 1  13 

protest  on  signature,  hear- 
ing       1  13 

publish    petition 1  13 

referendum    petition 1  13 

petition    circulated 1  13 

number  of  signatures 1  13 

verification    of   referendum 

petition    1  13 

when  voted   upon 1  13 

Referendum — See    Initiative    and    Referen- 
dum, 

Outlying  Precincts  of  Less  Than  2,000, 

board  of  registry  meet  to  re- 
vise   list 2169  68 

procedure    2169  68 

book   and   blanks,    secretary   of 

state    furnish 2164         66 

Book  of  registry  furnished  by 
secretary  of  state  to  county 
clerk    2164  66 

books,  supplies  and  form,  duty 
of  secretary  of  state  to  pro- 
vide    2164  66 

county    clerk    forwards     books 

to  board  of  registry 2165  66 

county  commissioners  may 
cause  lists  to  be  printed  and 
published  2168  68 

judges  meet  to  make  registra- 
tion    2167  68 

lists,  form  of 2168  68 

number  of  copies 2168  68 

return   of 2168  68 

oath,  form  of 2166  67 

precincts,  new,  county  commis- 
sioners appoint  judges 2170  69 

names  stricken  from 2170  69 

registry,  how  made 2172  69 

filed  with  county  clerk 2172  69 

returned  to  county  clerk 
within  ten  days  after  reg^ 
istration     2173  69 

revision   of   municipal   registry 

list  2171  69 

time     allowed     for     judges     to 

make  registration 2167  68 

who  may  register 2166  67 

In  Cities  of  2,000  to  5.000  Population. 

additional   registration  book 27  81 

age — female  need  not  tell 12  74 

appointment    of    committee    by 

county    clerk 4  70 

arrangement    of    list 14  75 

book    of    registration,    delivery 

by   county    clerk 9  73 

books     24  80 

books   additional 27  81 

canvass    of    voters'    failure    to 

make  and  return 8  72 

certification,    form   of   attached 

to  list 19  79 

change   of  registration 16  76 

city    elections-reg  istration 

committee    for 28  81 

procedure     28  81 

committee 3  70 

appointment  by  county  clerk....       4  70 

compensation   of , 7  71 

removal  of  members 8  72 

duty  of — in  respect  to  list 15  75 

may  swear  in  each  other 7         71 

meetings    of 10  73 

quarters  of,  stationery,  etc 10  73 

to  post  list 15  75 

construction,    liberal 33  82 


204 


INDEX 


Referendum — See  Initiative  and  Referen- 
dum— Continued.  Sec.  Page, 
county      chairman      to      certify 

names   to  county  clerk 5  70 

to  designate  his  choice ,.       5  70 

county  clerk  appoints  regis- 
trars where  no  county  chair- 
man         6  71 

certifies  list  of  registrars   to. 

county    chairman 6  71 

county  clerk  delivers  regis- 
tration  book 9  73 

fees   of 22  79 

issues  certificate  to  commit- 
tee          6  71 

county  clerk's  office  registra- 
tion  at 21  79 

to      deliver      copy      to      each 

county  chairman 15  75 

shall     strike     off     names     of 

electors  who  fail  to  vote....     17  76 

to  deliver  corrected  list  to 
members      of     registration 

committee    15  75 

to    transfer    names   of   regis- 
tered electors  in  precincts..     20  79 
to    make    certified    copies    of 
list     for    use    at    primary 

elections     23  79 

may    make    rules    concerning 

registration    books 26  80 

county  commissioners  to  ar- 
range for  supplies  for  pri- 
mary   elections 25  80 

court — petition   for  removal   of 

committee   8  72 

procedure     8  72 

findings    of 8  72 

definitions   2  70 

districts  3  70 

elector — form   of  oath  for  reg- 
istering  others   than  himself     11  74 
illiterate    may    make    mark....     11          74 
information    to   be   furnished 

by,    when 11  74 

may     register     others     than 

self    11  74 

questions     to     be     answered 

when     registering .12  74 

registering  others  than  self..     11  74 

removal   from   precinct 16  76 

who  fail  to  vote,  names 
stricken      off      by      county 

clerk   17  76 

female  need  not  tell  age 12  74 

fees  of  county  clerk 22  79 

fees     of     clerk     for     preparing 

list     23  79 

fraudulent    registration 18  76 

information  to  be  furnished  by 

vouching  elector 11  74 

illiterate     elector     may     make 

mark  11  74 

ink,  registration  must  be  in 11  74 

judges    to    call    in    person    for 

lists     23  79 

list — registered    11  74 

arrangement   of 14  75 

committee   to   post 15  75 

committee  to  sign  and  swear 

to  19  79 

county    chairman 15  75 

county  clerk  to   deliver  copy 

to    each 15  75 

county  clerk  to  deliver  cor- 
rected   to 15  75 

county  clerk  to  make  certi- 
fied copies  for  use  at  pri- 
mary   election 2S  79 

corrected,    posted 15  75 

clerk's  fee  for  preparing 23  79 

duty  of  committee  in  respect 

to  15  75 


'Referendum — See    Initiative    and    Referen- 
dum— Continued.  Sec.    Page. 

form   of  certifications 19  79 

judges  to  call  in  person  for..     23  79 

protection   of   posted 18  76 

registration   committee 15  75 

notice,  public  by  county  clerk..     10  73 
oath — a    qualification    of    mem- 
ber of  committee 7  71 

blanks  sent  to  committee 7         71 

form    of 7  71 

form  of,   for  elector 11  74 

form  of  for  elector  register- 
ing other  than  himself 11  74 

perjury     31  81 

persons     present     at     close     of 
polls     allowed     to     complete 

registration     13  75 

petition    to    court    for    removal 

of   committee 8 

procedure 8 

public  notice  by  county  clerk....     10 

petition  to  purge  registration....     18 

committee  may  be  subpoened     18 

county  to  pay  costs 18 

court  to  determine  charges....     18 
court    guided    by    legal    evi- 
dence          18 

false     challenging    a    misde- 
meanor   and    contempt    of 

court     18 

form  of  notice  to  challenged 

elector    18 

names  stricken  from  list 18 

petitioner     to     file     duplicate 

copies  for  party  chairman..     18 
procedure       in      ascertaining 

fraududent    registration 18 

redress  of  person  falsely  ac- 
cused         18 

hearing,   summary  and  final..     18 
court  given  power  to  investi- 
gate       18 

witness  fees  paid  by   county     18 
no    appeal    from    decision    of 

court 18 

perjury 31 

primary      elections:      county 
clerk      to      make      certified 
copies  of  lists  for  use  at....     25 
county  commissioners  to  ar- 
range  for  supplies 25 

precincts,    new    county    clerk 

transfer  names  of  electors     20 
protection  of  postal  registra- 
tion list 18 

questions    to    be    answered    by 

elector  when   registering 12 

registrations  must  be   in  ink....     11 
registrations  at   county   clerk's 

office    21 

removals,   validity  of  registra- 
tion not  affected 8 

removal    of    elector    from    pre- 
cinct         16 

subpoened — committee   may   be     18 

form    of 18 

supplies      for      primary      elec- 
tions— county   commissioners 

to  arrange  for 25 

vacancy      of      registrars      how 

filled    5 

vacancy  how  filled   if  removed 

by   court 8 

validity    not    affected     by    re- 
movals           8 

violations  of  act  penalty 30 

voters,    failure    to    make    can- 
vass  and   return 8 

watchers    29 


INDEX 


205 


Page. 

1 

69 

3 

70 

6 

71 

3 

70 

3 

70 

5 

70 

5 

70 

6 

71 

2 

70 

8 

72 

7 

71 

7 

71 

4 

70 

4 

70 

KEGISTRATION. 

Special  and  General  City  Elections, 

Sec 
of  electors   in  cities   over  2,000 
'    county    clerk    to    deliver    regis- 

I        tration  book  to  committee 

I        duties   and   pay 

i   committee   sits,    when 

I       procedure     

I   lists    certified    by    registration 

f        committee   

post  copy  of 

original     deliver     to     county 

clerk    

new  registration,  when  not  re- 
quired   

not  apply  to  certain  cities 

petition   for  purging   list 

procedure     

;   removal    of    elector    from    pre- 

j       cinct    

I       procedure    , 

beg-istration, 

:ities  of   More  Than  5,000, 
act     apply     only     to     cities     of 

more    than    5,000 39        105 

act  to  be  construed  liberally.—     40       106 
all  hearings,  summary  and  final     13  92 

all    elections    included    in    this 

act    (except   school) 31        104 

appointment  by  county   clerk....        3  84 

appeal  to  county  court 12b  91 

arrangement      of      registration 

lists     9b  90 

attorney    general   may   file   and 

prosecute  37        105 

books — existing  poll  and  reg- 
istration turned  over  to  coun- 
ty  clerk 25        102 

j  boundaries  of  election  precincts     22        100 

causes    for   removal 6  87 

certified  copies  of  records....^ 28        103 

certificate,    form    of 14  94 

charter  provisions  to  govern  in 

cities  23        101 

charges     neglect     of     duty     by 

whom  made 6  87 

challenging,    false    registration     13  92 

city    elections 12a  91 

citv  elections,  ofl^cers  in  charge 

of  23        101 

city    chairman's    duty    in    city 

elections 23        101 

city    committeemen's    duties 23        101 

clerks  to  be  of  opposite  poli- 
tics         29        104 

who  may  appoint 29        104 

clerks  of  election   to  keep   poll 

and  tally  list 10  90 

clerk's  certificate,  form  of 7  88 

clerk  of  court  notify  all  parties      13  92 

compensation     of     registration 

committee    and    clerks 27-39   1 

27 


of  other  election  officers 

committee      acts      as      election 

judges     3 

administer   oath 3 

duty  of 12b 

employ   clerks 27 

for  new  precincts 


22 


how    determ- 


appearing 


meetings  of 
representation, 

ined  

require      member 

late    3 

to  post  list 10 

to  call  personally  for  books..      21 

to  sign  and  swear  to  list 26 

temporary    26 

contents  of  certificate 3 

contents  of  registration  books..      15 


03-105 
103 

84 
84 
91 
103 
100 
88 


84 

84 

90 

100 

102 

102 

84 

95 


Registration — Continued                  Sec.  Page, 
contents  of  petition,   false  reg- 
istration       13  92 

controversies,   settlement  of 31  104 

corrected  list  to  be  posted 10  90 

county  chairman,  certify  names 

to  county   clerk 3  84 

designates   order  of  choice....  3  84 

must  .use  list 5  87 

exceptions  to  using  list 5  87 

may  challenge  registration....  12b  91 
county    commissioners    provide 

supplies    15  95 

provide  polling  place 23  lOl 

county    clerk,    deliver    register 

book    7  71 

deliver   list   to  county  chair- 
man       10  90 

deliver  corrected  list  to  com- 
mittee       10  90 

deliver  original  book  to  com- 
mittee    21  100 

fees   of 27  103 

makes   rules   20  100 

mail   copy   of   list    to   county 

chairman   3  84 

publish  notice  of  registration  23  101 
publish    notice    of    new    reg- 

sitration     25  102 

appoint    registrars    when    no 

county    chairman 3  84 

issue  certificates   to   commit- 
tee   3  84 

preserve    oaths    and    affirma- 
tions      28  103 

transfer   names 22  100 

county  court,  petition  to 6  87 

court  rules  for  guidance 13  92 

court   to   determine   charges 13  92 

given  power  to  investigate....  13  92 

decision,   no  appeal  from 13  92 

county  pay  witness  fees 13  92 

definitions   and   terms 2  83 

deputy    county    clerk    register 

electors 23  101 

may   make   changes 23  101 

duty,      charges,      by      whom 

made  6  87 

neglect    of 6  87 

district  attorney  may  prosecute  34  105 

elections,    special 24  101 

special   registrars   in 24  101 

elector,    cases    of    removal    and 

change   of  address 11  91 

deputy     county      clerk     may 

register    23  101 

deputy     county      clerk     may 

make   changes 23  101 

questions  to  be  answered  by  7  88 

form  of  notice  to  challenged  13  92 

Illiterate  make  mark 7  88 

limit  in  one  precinct 22  100 

may     register     family     and 

three   others 7  88 

oath     7  88 

removal   from   precinct 11  91 

expenses,    how   paid 23  101 

false     registration,    method    of 

challenging   13  92 

falsely  accused,  redress 13  92 

funds    collected    paid    to    state 

treasurer   38  105 

information  to  be  furnished  by 

voucher    7  88 

irregularities  not  defense 36  105 

lists  of  registrars,  county 
chairman  must  use,  pre- 
cinct   list 5  87 

county    clerk    mail    copy    to 

county  chairman 4  86 

exceptions    to    county    chair- 
man using 5  87 

form  of  precinct  list 4  86 


206 


INDEX 


(Registration — Continued  Sec.    Page. 

original,    public   record 3  84 

precinct  committeemen  furn- 
ish  to    chairman 4  86 

list  of  voters,  arrangements  of  9b  90 
committee  to  sign  and  swear 

to     14  94 

county    clerk    to    deliver    to 

county    chairman ,  10  90 

to      deliver      corrected      to 

committee   10  90 

names  stricken  from 13  92 

posted     13  92 

protection    of 13  92 

purging  of 12b  91 

registrars  may  make  copy  of  14  94 

names  stricken  from  list 13  92 

new   registration 25  102 

notice,    form    of    to    challenged 

elector    13  92 

posting   printed 23  101 

oath,      and      affirmations      pre- 
served by  county  clerk 28  103 

blanks    to    registration    com- 
mittee       3  84 

form    of 3  84 

of    elector    when    registering 

others  7  88 

qualification    of    member    of 

committee   3  84 

registration    committee    men 

administer  3  84 

officers   in  charge  of  city  elec- 
tion     23  101 

penalty  33  105 

persons     present     when     polls 
close     allowed     to     complete 

registration     9a  90 

petition  to  county  court 6  87 

verified  6  87 

contents   of 13  92 

duplicate   copies  filed   by  pe- 
titioner       13  92 

perjury     35  105 

precinct    limit    of    electors    in 

one     22  100 

protection   of  posted   lists 13  92 

polling      places      provided      by 

county    commissioners 23  101 

posting   printed   notice 23  101' 

purging   of  list 12b  91 

qualification     of    voter,     regis- 
tration required 1  83 

questions    to    be    answered    by 

elector    7  88 

records  to  be  preserved 28  103 

register,   who   may 7  88 

register  book,  county  clerk  de- 
liver      7  88 

registrars  in  special  elections..  .   24  101 

registration  books  contents  of..  16  95 

form   of  heading 16  95 

secretary  of  state  to  prepare 

form    18  100 

registration  new 25  102 

complete     ten     days     before 

election    25  102 

required    as    qualification    of 

voter  1  83 

made    by     registration    com- 
mittee    3  84 

to  be  in  ink 7  88 

removal    causes     for 6  87 

manner  of 6  87 

cases   of  and   change  of  ad- 
dress    11  91 

validity    of    registration    not 

affected    by 6  87 

school    elections    excepted 1  83 

subpoena,  form   of 13  92 

supreme  court  may  review 31  104 

supplies  county  commissioners 

to  provide 19  100 


IResristration — Continued                  Sec.  Page, 
duty    of    commissioners    and 

county  clerk  to  provide 19  100 

transfer  names,  county  clerk....     22  100 

vacancies,  how  filled 3  84 

occurring   election    day.    how 

filled    3  84 

validity  of  registration  not  af- 
fected  by   removal 6  87 

watchers,  party  chairman  may 

appoint     30  104 

who    may    be     present     during 

casting  and  counting 30  104 

witness  fees,  county  pay 13  92 

Repeating-, 

penalty   for 2361  146 

Representatives, 

cannot  hold  other  ofl^ice 8  12 

canvass  of  vote  for 2277  132 

qualification  of 4  11 

residence    of 4  11 

salary   of 6  12 

term  of 3  11 

vacancy  in  office,  how  filled 2330  144 

when  elected 2137  141 

Reprieves, 

governor  may  grant 6  7 

Residence, 

for  eligibility  to  county  office..     10  33 

for  elegibility  to  state  office....       4  7 

of  voter,  state,  etc 1  21 

place  of,  how  determined 2250-4  121-22 

not  gained  or  lost,  when 2149  45 

Returns, 

canvass   of 2272-2288   131-134 

certificate   of 2267  127 

defective,    corrected   when 2286  134 

Salary, 

of  district  judge 30  12 

of   election    officials 27  103 

same       2226-2227   108-109 

same   : 7  71 

of    governor 30  12 

of  supreme  justices 30  12 

Saloons, 

closed  on  election  day 2385  153 

Secretary   of   State, 

certify  nominations 7  48 

proposed  constitutio  nal 

amendments   2145  44 

election   of 2137  41' 

furnish,  forms  for  election 2324  143 

list    of    members    of    general 

assembly   2283  133 

registry   books,   etc 2164-18  66-100 

notify    county    clerks    of    elec-  S 

tion    2142  43 

of  vacancies  to  be  filled 2143  43i 

prepare     list     of     presidential 

electors    2284  133; 

preserve  certificate  of  nomina- 
tion     2156  64 

qualifications    of 4  7 

receive  abstract  of  votes  2274-2276   131-13S 

failure  to  receive  duty 2278  132 

record    and    publish    statement 

of   canvassing    board 2282  13i 

state  board  of  canvassers  meet 

at  his  office,  when 2279  153 

term  of  office 1  f 

withdrawal   of   candidates  filed 

with    37  6( 

Senate, 

approve    appointments 6 

try    impeachments 1  «» 

Senators,  , 

cannot  hold  other  office 8  1* 

classification    of 6  1^ 

compensation   of 6  1« 


INDEX 


207 


Senators — Continued  Sec. 

qualifications  of 4 

residence    of 4 

state,    when   elected 2137 

term  of 3 

Slieriff, 

when  elected 8 

Soldier, 

residence  of,  how  determined— .2149 
State  Central  Conunittee, 

control    party    controversies 2325 

membership  of,   filed 2326 

State  Convention, 

make    rules    for    central    com- 
mittee      2325 

State  Treasurer, 

elected,   when 2137 

investigation   of  affairs   of   of- 
fice            5 

qualifications  of 4 

term  of  office 1 

Student, 

does     not     gain    or    lose     resi- 
dence      2149 

Snffrag-e, 
see  elector 

who  entitled  to 1 

woman 2 

Sunday, 

included  in  computing  time  for 

election    purposes 2322 

Superintendent  of  Public  Instruc- 
tion, 

elected,  when 2137 

qualifications  of 4 

term  of  office 1 

Supreme  Court, 

jurisdiction  of  in  election  con- 
test     2288 

Supreme  Judg-e, 

elected    when 8 

election  of,  contest  of 2287 

jurisdiction  of  court 2288 

term    of    office 7 

Tazpaying-  Elections, 

1-2 

Tally  Iiists, 

clerk  of  election  shall  keep 2264 

returned   with   ballots 2267 

Term  of  Office, 

not  to  be  extended 30 

of  county  commissioners 6 

of   county    judges 22 

of  district  attorneys 21 

of    executive    officers 1 

of    state    and    county    officers. 

commences  when 8-2141 

Tie, 

in    case    of,    canvassing    board 

elect    2281 

Time, 

computation     of,     for    election 

matters     2f 

same   2322 

Towns, 

home    rule    for 6 

University, 

regents  of,  when  elected 2137-12 

United  States   Senators, 

election   of 1 

governor    make    temporary   ap- 
pointment           2 

governor    issue    writ    to    secre- 
tary  of   state 3 

laws  of  state  to  apply 4 

Vacancies, 

in   county   commissioners,   how 

filled    2335 

county  judge 29 

county  offices,  how  filled.... 2333-9 


Page. 
11 
11 
41 
11 

31 

45 

143 
143 


143 

41 

27 
7 
6 

45 


142 


135 

17 
135 
135 

17 

45 

126 

127 

12 
30 
19 
19 


31-43 

133 

84 
142 

35 

41-25 

41 

41 

41 

42 


145 

20 

145-32 


Vacancies — Continued  Sec.    Page. 

district  attorney 29  20 

district  judge,  how  filled-.2331-29   144-20 


election  judges,  how  filled 2224 

same   3c 

executive     department,     how 

filled    6 

presidential      electors,      how 

■    filled    2335 

registration    committee,    how 

filled    3c 

state  ofl^ces,  how  filled 2331 

supreme    justice 29 

special     election     to     fill,     call 

of   2327-2329 

canvass  of  votes  of 2328 

in.    congress 2330 

legislature     2329 

Violation, 

of  registration  act 33 

same   30 

Vote, 

abstract    of,     certified    to    sec- 
retary  of   state 2274 

failure  to   certify 2278 

clerk   make 2272 

canvass    of,    by    board   of    can- 
vassers   2277 

by  general  assembly 2276 

by  justice  of  peace  and  coun- 
ty  clerk 2272 

counted    2263 

refusal    to    receive    legal,    pen- 
alty    2260 

by  mail 

Voter, 

See    Elector 

admission  of   to   vote 2250 

assistance    to,    illiterate ...2261 

certificate  of  registration  of 28 

challenge  of  grounds  of 2253 

refusal     of,     to    answer,     ef- 
fect    2255 

oath   taken 2254 

refusal   to   take 2256 

eligible   to   office 2150 

must   be    registered 1 

same    2249 

oath  of  challenged 2254 

refusal   to   take 2256 

penalty  for  personating 2387 

preparation  of  ballot  by 2259 

prisoners   not   qualified 2148 

qualifications    of 2146 

woman    voter 2147 

question  answered  by  on  regis- 
tering          8 

residence  of,  how  determined---2149 

same   2250 

Voting", 

manner  of 2259-1-7  123-129-130 

Voucliers, 

to  registration 2166 

"Watcliers, 

appointment  and  duties  of 2268 

same   30a 

interference  with,  penalty 2269 

rights  of  duties  of 30a 

registration     29 

party      chairman      may      ap- 

appoint     30 

Witness, 

must  testify  in  election  contest       9 

to  violation  of  election  laws 2379 

when  offender  a  competent 2370 

Women 

legislature  may  grant,  right  to 

vote     2 

may  hold  school  offices 1 

may  vote 2147 


108 
84 


145 

84 

144 

20 

144 
144 
144 
144 


105 

81 


131 
132 
131 

132 
132 

131 
126 

124 
124 


121 
125 
103 

iZ2 

123 

123 

123 

45 

83 

121 

123 

123 

153 

123 

44 

44 

44 

90 

45 

121 


67 

128 
104 
128 
104 
81 

104 

23 
152 
149 


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THE  UNIVERSITY  OF  CAUFORNIA  UBRARY 


